Colorado 2023 Regular Session

Colorado House Bill HB1042 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0509.01 Jane Ritter x4342
1	8		HOUSE BILL 23-1042
2		-	BY REPRESENTATIVE(S) Bacon and Sharbini, Amabile, Boesenecker,
3		-	Brown, deGruy Kennedy, Dickson, Duran, English, Epps, Froelich, Garcia,
4		-	Gonzales-Gutierrez, Herod, Jodeh, Joseph, Kipp, Lindsay, Mabrey,
5		-	Marshall, Michaelson Jenet, Ortiz, Parenti, Ricks, Sirota, Velasco,
6		-	Weissman, Story;
7		-	also SENATOR(S) Gonzales, Bridges, Buckner, Coleman, Cutter, Exum,
8		-	Fields, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Moreno,
9		-	Priola, Rodriguez, Winter F.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING NARROWING ADMISSIBILITY STANDARDS FOR JUVENILE
12		-	STATEMENTS TO PROTECT THE VOLUNTARINESS OF SUCH
13		-	STATEMENTS
14		-	, AND, IN CONNECTION THEREWITH , MAKING AN
15		-	APPROPRIATION
16		-	.
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, 19-2.5-203, add (8) as
19		-	follows:
	14	+	ONCERNING NARROWING ADMISSIBI LITY STANDARDS FOR JUVENILE101
	15	+	STATEMENTS TO PROTECT THE VOLUNTARINESS OF SUCH102
	16	+	STATEMENTS, AND, IN CONNECTION THEREWITH, MAKING AN103
	17	+	APPROPRIATION.104
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill makes any statement or admission obtained during a
	26	+	juvenile custodial interrogation in which a law enforcement official
	27	+	knowingly uses deception prior to or during the custodial interrogation
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 24, 2023
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	April 21, 2023
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	March 11, 2023
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	March 8, 2023
	40	+	HOUSE SPONSORSHIP
	41	+	Bacon and Sharbini, Amabile, Boesenecker, Brown, deGruy Kennedy, Dickson, Duran,
	42	+	English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Herod, Jodeh, Joseph, Kipp, Lindsay,
	43	+	Mabrey, Marshall, Michaelson Jenet, Ortiz, Parenti, Ricks, Sirota, Velasco, Weissman
	44	+	SENATE SPONSORSHIP
	45	+	Gonzales, Bridges, Buckner, Coleman, Cutter, Exum, Fields, Hansen, Hinrichsen, Jaquez
	46	+	Lewis, Kolker, Marchman, Moreno, Priola, Rodriguez, Winter F.
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. presumptively inadmissible against the juvenile in an evidentiary hearing
	50	+	unless the prosecution proves by a preponderance of the evidence and
	51	+	based on the totality of the circumstances that the statement or admission
	52	+	was made voluntarily. In assessing the totality of the circumstances, the
	53	+	court shall consider all evidence presented concerning the juvenile's
	54	+	vulnerability to any deception used during the custodial interrogation.
	55	+	The bill requires law enforcement officials to electronically record
	56	+	all juvenile custodial interrogations.
	57	+	The bill directs the P.O.S.T. board to develop a live, virtual,
	58	+	interactive training program for peace officers on the enforcement of laws
	59	+	related to custodial interrogation of juveniles to ensure uniform
	60	+	interpretation of the law. The state shall cover any local law enforcement
	61	+	agency costs associated with the training.
	62	+	Be it enacted by the General Assembly of the State of Colorado:1
	63	+	SECTION 1. In Colorado Revised Statutes, 19-2.5-203, add (8)2
	64	+	as follows:3
20	65		19-2.5-203. Statements - definitions. (8) (a) A
21		-	STATEMENT OR
22		-	ADMISSION BY A JUVENILE MADE AS A RESULT OF THE JUVENILE
23		-	'S CUSTODIAL
24		-	INTERROGATION BY A LAW ENFORCEMENT OFFICIAL OR AGENT IS
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. PRESUMPTIVELY INADMISSIBLE AGAINST THE JUVENILE AT TRIAL IF THE LAW
33		-	ENFORCEMENT OFFICIAL OR AGENT KNOWINGLY COMMUNICATED ANY
34		-	UNTRUTHFUL INFORMATION OR BELIEF TO OBTAIN THE STATEMENT OR
35		-	ADMISSION
36		-	, UNLESS THE PROSECUTION ESTABLISHES AT AN EVIDENTIARY
37		-	HEARING PRIOR TO TRIAL
38		-	, BY A PREPONDERANCE OF THE EVIDENCE AND
39		-	BASED ON THE TOTALITY OF THE CIRCUMSTANCES
40		-	, THAT THE STATEMENT OR
41		-	ADMISSION WAS MADE VOLUNTARILY DESPITE THE UNTRUTHFUL
42		-	INFORMATION OR BELIEF USED TO OBTAIN THE STATEMENT OR ADMISSION OR
43		-	THAT THE LAW ENFORCEMENT OFFICIAL IN GOOD FAITH REASONABLY
44		-	BELIEVED THE INFORMATION OR BELIEF WAS TRUE AT THE TIME IT WAS USED
45		-	.
46		-	I
47		-	N ASSESSING THE TOTALITY OF THE CIRCUMSTANCES , THE COURT SHALL
48		-	CONSIDER ALL EVIDENCE PRESENTED CONCERNING THE JUVENILE
49		-	'S
50		-	VULNERABILITY TO ANY UNTRUTHFUL INFORMATION OR BELIEF USED DURING
51		-	THE CUSTODIAL INTERROGATION
52		-	.
	66	+	STATEMENT OR4
	67	+	ADMISSION BY A JUVENILE MADE AS A RESULT OF THE JUVENILE 'S5
	68	+	CUSTODIAL INTERROGATION BY A LAW ENFORCEMENT OFFICIAL OR AGENT6
	69	+	IS PRESUMPTIVELY INADMISSIBLE AGAINST THE JUVENILE AT TRIAL
	70	+	IF THE7
	71	+	LAW ENFORCEMENT OFFICIAL OR AGENT KNOWINGLY COMMUNICATED8
	72	+	ANY UNTRUTHFUL INFORMATION OR BELIEF TO OBTAIN THE STATEMENT OR9
	73	+	ADMISSION, UNLESS THE PROSECUTION ESTABLISHES AT AN EVIDENTIARY10
	74	+	HEARING PRIOR TO TRIAL, BY A PREPONDERANCE OF THE EVIDENCE AND11
	75	+	BASED ON THE TOTALITY OF THE CIRCUMSTANCES , THAT THE STATEMENT12
	76	+	OR ADMISSION WAS MADE VOLUNTARILY DESPITE THE UNTRUTHFUL13
	77	+	INFORMATION OR BELIEF USED TO OBTAIN THE STATEMENT OR ADMISSION14
	78	+	OR THAT THE LAW ENFORCEMENT OFFICIAL IN GOOD FAITH REASONABLY15
	79	+	BELIEVED THE INFORMATION OR BELIEF WAS TRUE AT THE TIME IT WAS16
	80	+	USED. IN ASSESSING THE TOTALITY OF THE CIRCUMSTANCES , THE COURT17
	81	+	SHALL CONSIDER ALL EVIDENCE PRESENTED CONCERNING THE JUVENILE 'S18
	82	+	1042-2- VULNERABILITY TO ANY UNTRUTHFUL INFORMATION OR BELIEF USED1
	83	+	DURING THE CUSTODIAL INTERROGATION .2
53	84		(b) A
54		-	LAW ENFORCEMENT OFFICIAL OR AGENT SHALL
55		-	ELECTRONICALLY RECORD ALL JUVENILE CUSTODIAL INTERROGATIONS
56		-	PURSUANT TO SECTION
57		-	16-3-601 WITHOUT REGARD TO THE NATURE OF THE
58		-	OFFENSE THAT THE LAW ENFORCEMENT OFFICIAL OR AGENT REASONABLY
59		-	BELIEVES IS BEING INVESTIGATED
60		-	.
61		-	(c) L
62		-	AW ENFORCEMENT AGENCIES ARE ENCOURAGED TO ADOPT AND
63		-	FOLLOW NATIONAL MODEL POLICIES THAT ARE INCLUDED IN
64		-	P.O.S.T. RULES
65		-	CONCERNING LAW
66		-	-ENFORCEMENT-CONDUCTED INTERROGATIONS INVOLVING
67		-	A JUVENILE
68		-	.
69		-	(d) A
70		-	S USED IN THIS SUBSECTION (8):
71		-	(I) "A
72		-	GENT" MEANS A PERSON WHO ACTS WITH THE MOTIVE OF
73		-	ASSISTING LAW ENFORCEMENT EFFORTS TO OBTAIN A CONFESSION
74		-	, AS
75		-	SHOWN BY THE TOTALITY OF THE CIRCUMSTANCES
76		-	.
77		-	(II) "U
78		-	NTRUTHFUL INFORMATION OR BELIEF " MEANS ANY
79		-	UNTRUTHFUL INFORMATION OR BELIEF KNOWINGLY USED OR
80		-	COMMUNICATED TO A JUVENILE WHO IS THE SUBJECT OF A CUSTODIAL
81		-	INTERROGATION
82		-	. "UNTRUTHFUL INFORMATION OR BELIEF " MAY INCLUDE
83		-	BUT IS NOT LIMITED TO STATEMENTS REGARDING EVIDENCE OR
84		-	UNAUTHORIZED STATEMENTS REGARDING POTENTIAL LENIENCY BY A LAW
85		-	ENFORCEMENT OFFICIAL
86		-	, PROSECUTOR, JUDGE, JUROR, OR ANY OTHER
87		-	JUVENILE OFFICER
88		-	.
89		-	PAGE 2-HOUSE BILL 23-1042 SECTION 2. In Colorado Revised Statutes, 24-31-303, add (1)(u)
90		-	as follows:
91		-	24-31-303. Duties - powers of the P.O.S.T. board - definition.
92		-	(1) The P.O.S.T. board has the following duties:
93		-	(u) T
94		-	O DEVELOP A LIVE VIRTUAL TRAINING PROGRAM FOR PEACE
95		-	OFFICERS ON THE IMPLEMENTATION OF SECTION
96		-	19-2.5-203 (8) TO ENSURE
97		-	UNIFORM ENFORCEMENT OF THE LAW
98		-	. THE STATE SHALL PROVIDE THIS
99		-	TRAINING ON AT LEAST TEN DIFFERENT DATES PRIOR TO
100		-	FEBRUARY 28, 2024.
101		-	T
102		-	HE STATE SHALL COVER ANY REASONABLE DIRECT COSTS TO LOCAL LAW
103		-	ENFORCEMENT AGENCIES ASSOCIATED WITH THE TRAINING
104		-	.
	85	+	LAW ENFORCEMENT OFFICIAL OR AGENT SHALL3
	86	+	ELECTRONICALLY RECORD ALL JUVENILE CUSTODIAL INTERROGATIONS4
	87	+	PURSUANT TO SECTION 16-3-601 WITHOUT REGARD TO THE NATURE OF THE5
	88	+	OFFENSE THAT THE LAW ENFORCEMENT OFFICIAL OR AGENT REASONABLY6
	89	+	BELIEVES IS BEING INVESTIGATED.7 (c) LAW ENFORCEMENT AGENCIES ARE ENCOURAGED TO ADOPT8
	90	+	AND FOLLOW NATIONAL MODEL POLICIES THAT ARE INCLUDED IN P.O.S.T.9
	91	+	RULES CONCERNING LAW-ENFORCEMENT-CONDUCTED INTERROGATIONS10
	92	+	INVOLVING A JUVENILE.11
	93	+	(d) AS USED IN THIS SUBSECTION (8):12
	94	+	(I) "AGENT" MEANS A PERSON WHO ACTS WITH THE MOTIVE OF13
	95	+	ASSISTING LAW ENFORCEMENT EFFORTS TO OBTAIN A CONFESSION, AS14
	96	+	SHOWN BY THE TOTALITY OF THE CIRCUMSTANCES .15
	97	+	(II) "UNTRUTHFUL INFORMATION OR BELIEF" MEANS ANY16
	98	+	UNTRUTHFUL INFORMATION OR BELIEF KNOWINGLY USED OR17
	99	+	COMMUNICATED TO A JUVENILE WHO IS THE SUBJECT OF A CUSTODIAL18
	100	+	INTERROGATION. "UNTRUTHFUL INFORMATION OR BELIEF" MAY INCLUDE19
	101	+	BUT IS NOT LIMITED TO STATEMENTS REGARDING EVIDENCE OR20
	102	+	UNAUTHORIZED STATEMENTS REGARDING POTENTIAL LENIENCY BY A LAW21
	103	+	ENFORCEMENT OFFICIAL, PROSECUTOR, JUDGE, JUROR, OR ANY OTHER22
	104	+	JUVENILE OFFICER.23
	105	+	SECTION 2. In Colorado Revised Statutes, 24-31-303, add24
	106	+	(1)(u) as follows:25
	107	+	24-31-303. Duties - powers of the P.O.S.T. board - definition.26
	108	+	(1) The P.O.S.T. board has the following duties:27
	109	+	1042
	110	+	-3- (u) TO DEVELOP A LIVE VIRTUAL TRAINING PROGRAM FOR PEACE1
	111	+	OFFICERS ON THE IMPLEMENTATION OF SECTION 19-2.5-203 (8) TO ENSURE2
	112	+	UNIFORM ENFORCEMENT OF THE LAW . THE STATE SHALL PROVIDE THIS3
	113	+	TRAINING ON AT LEAST TEN DIFFERENT DATES PRIOR TO FEBRUARY 28,4
	114	+	2024.
	115	+	THE STATE SHALL COVER ANY REASONABLE DIRECT COSTS TO LOCAL5
	116	+	LAW ENFORCEMENT AGENCIES ASSOCIATED WITH THE TRAINING .6
105	117		N
106		-	OTWITHSTANDING SECTION 24-31-310 (3), THE GENERAL ASSEMBLY MAY
107		-	APPROPRIATE MONEY FROM THE GENERAL FUND TO CARRY OUT THE
108		-	PURPOSES OF THIS SUBSECTION
109		-	(1)(u). THE TRAINING MUST INCLUDE, AT A
110		-	MINIMUM
111		-	, EDUCATION FOR PEACE OFFICERS ON:
	118	+	OTWITHSTANDING SECTION 24-31-310 (3), THE GENERAL ASSEMBLY MAY7
	119	+	APPROPRIATE MONEY FROM THE GENERAL FUND TO CARRY OUT THE8
	120	+	PURPOSES OF THIS SUBSECTION (1)(u). THE TRAINING MUST INCLUDE, AT9
	121	+	A MINIMUM, EDUCATION FOR PEACE OFFICERS ON:10
112	122		(I) U
113		-	NDERSTANDING JUVENILE DEVELOPMENT AND CULTURE AND
114		-	THEIR IMPACT ON INTERVIEWS OF JUVENILES AND CUSTODIAL
115		-	INTERROGATIONS OF JUVENILES
116		-	;
	123	+	NDERSTANDING JUVENILE DEVELOPMENT AND CULTURE AND11
	124	+	THEIR IMPACT ON INTERVIEWS OF JUVENILES AND CUSTODIAL12
	125	+	INTERROGATIONS OF JUVENILES;13
117	126		(II) I
118		-	NTERPRETING JUVENILE BEHAVIOR DURING AN INTERVIEW OR
119		-	CUSTODIAL INTERROGATION
120		-	;
	127	+	NTERPRETING JUVENILE BEHAVIOR DURING AN INTERVIEW OR14
	128	+	CUSTODIAL INTERROGATION ;15
121	129		(III) T
122		-	ECHNIQUES FOR BUILDING AND ESTABLISHING RAPPORT WITH
123		-	JUVENILES
124		-	;
125		-	(IV) A
126		-	LTERNATIVE COMMUNICATION METHODS FOR JUVENILES WITH
127		-	INTELLECTUAL AND DEVELOPMENTAL DISABILITIES
128		-	, AS REQUIRED BY THE
129		-	FEDERAL
130		-	"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.
131		-	12101
132		-	ET SEQ., AS AMENDED;
133		-	(V) C
134		-	ONSTRUCTING AGE-APPROPRIATE STATEMENTS AND QUESTIONS
135		-	FOR INTERVIEWS OF JUVENILES AND CUSTODIAL INTERROGATIONS OF
136		-	JUVENILES
137		-	; AND
138		-	(VI) CAUTIONS AND CONSIDERATIONS FOR INTERVIEWING AND
139		-	INTERROGATING JUVENILES IN CUSTODY
140		-	, INCLUDING HOW TO REDUCE THE
141		-	LIKELIHOOD OF FALSE OR COERCED CONFESSIONS
142		-	.
143		-	PAGE 3-HOUSE BILL 23-1042 SECTION 3. Appropriation. For the 2023-24 state fiscal year,
144		-	$37,500 is appropriated to the department of law. This appropriation is from
145		-	the P.O.S.T. board cash fund created in section 24-31-303 (2)(b), C.R.S. To
146		-	implement this act, the department may use this appropriation for peace
147		-	officers standards and training board support.
148		-	SECTION 4. Act subject to petition - effective date. This act
149		-	takes effect at 12:01 a.m. on the day following the expiration of the
150		-	ninety-day period after final adjournment of the general assembly; except
151		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
152		-	of the state constitution against this act or an item, section, or part of this act
153		-	within such period, then the act, item, section, or part will not take effect
154		-	unless approved by the people at the general election to be held in
155		-	PAGE 4-HOUSE BILL 23-1042 November 2024 and, in such case, will take effect on the date of the official
156		-	declaration of the vote thereon by the governor.
157		-	____________________________ ____________________________
158		-	Julie McCluskie Steve Fenberg
159		-	SPEAKER OF THE HOUSE PRESIDENT OF
160		-	OF REPRESENTATIVES THE SENATE
161		-	____________________________ ____________________________
162		-	Robin Jones Cindi L. Markwell
163		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
164		-	OF REPRESENTATIVES THE SENATE
165		-	APPROVED________________________________________
166		-	(Date and Time)
167		-	_________________________________________
168		-	Jared S. Polis
169		-	GOVERNOR OF THE STATE OF COLORADO
170		-	PAGE 5-HOUSE BILL 23-1042
	130	+	ECHNIQUES FOR BUILDING AND ESTABLISHING RAPPORT WITH16
	131	+	JUVENILES;17
	132	+	(IV) ALTERNATIVE COMMUNICATION METHODS FOR JUVENILES18
	133	+	WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, AS REQUIRED BY19
	134	+	THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C.20
	135	+	SEC. 12101 ET SEQ., AS AMENDED;21
	136	+	(V) CONSTRUCTING AGE -APPROPRIATE STATEMENTS AND22
	137	+	QUESTIONS FOR INTERVIEWS OF JUVENILES AND CUSTODIAL23
	138	+	INTERROGATIONS OF JUVENILES; AND24
	139	+	(VI) CAUTIONS AND CONSIDERATIONS FOR INTERVIEWING AND25
	140	+	INTERROGATING JUVENILES IN CUSTODY , INCLUDING HOW TO REDUCE THE26
	141	+	LIKELIHOOD OF FALSE OR COERCED CONFESSIONS .27
	142	+	1042
	143	+	-4- SECTION 3. Appropriation. For the 2023-24 state fiscal year,1
	144	+	$37,500 is appropriated to the department of law. This appropriation is2
	145	+	from the P.O.S.T. board cash fund created in section 24-31-303 (2)(b),3
	146	+	C.R.S. To implement this act, the department may use this appropriation4
	147	+	for peace officers standards and training board support.5
	148	+	SECTION 4. Act subject to petition - effective date. This act6
	149	+	takes effect at 12:01 a.m. on the day following the expiration of the7
	150	+	ninety-day period after final adjournment of the general assembly; except8
	151	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V9
	152	+	of the state constitution against this act or an item, section, or part of this10
	153	+	act within such period, then the act, item, section, or part will not take11
	154	+	effect unless approved by the people at the general election to be held in12
	155	+	November 2024 and, in such case, will take effect on the date of the13
	156	+	official declaration of the vote thereon by the governor.14
	157	+	1042
	158	+	-5-