Utah 2023 Regular Session

Utah House Bill HB0404

Introduced
2/7/23  
Refer
2/13/23  
Report Pass
2/15/23  
Engrossed
2/21/23  
Refer
2/21/23  
Report Pass
2/27/23  

Caption

Juvenile Interrogation Modifications

Impact

If enacted, HB 404 will amend existing legislation to clarify and enforce stricter procedures around how law enforcement agencies conduct custodial interrogations of juveniles. By requiring an audio or video recording of such interrogations, the bill not only sets a standard for accountability but also aims to make it easier to ascertain the voluntariness of any statements made by minors during these critical interactions. This legislation could lead to a significant shift in how juvenile cases are handled, particularly in ensuring that interrogations are fair and transparent.

Summary

House Bill 404, titled the Juvenile Interrogation Modifications, addresses specific protocols regarding the interrogation of minors in the state of Utah. One of the critical provisions of this bill mandates that a parent, guardian, or a designated 'friendly adult' be present during the interrogation of a child. The bill aims to safeguard the rights of minors, ensuring that they are not subjected to coercive or misleading interrogation tactics, particularly when they are in custody.

Sentiment

The sentiment around HB 404 appears to be generally positive among advocates for children’s rights and legal reformers. Many view it as a necessary step toward more humane treatment of young offenders and as a safeguard against potential abuses in the interrogation process. However, there are concerns from some law enforcement officials who worry that these changes may complicate investigations and provide additional hurdles in securing confessions from juveniles.

Contention

Notable points of contention include the balance between ensuring the rights of minors and the ability of law enforcement to effectively interrogate suspects. Some critics argue that requiring a 'friendly adult' could hinder law enforcement efforts, while supporters emphasize the need for oversight in juvenile interrogations to prevent coercion and misinformation. The bill's requirement for recordings is particularly contentious, as it raises questions about privacy rights and the admissibility of such evidence in court settings.

Companion Bills

No companion bills found.

Previously Filed As

UT HB0259

Juvenile Interrogation Modifications

UT HB0171

Custodial Interrogation Amendments

UT SB0049

Juvenile Custodial Interrogation Amendments

UT HB0299

Juvenile Justice Changes

UT HB0060

Juvenile Justice Modifications

UT HB0249

Juvenile Amendments Cross References

UT HB0138

Juvenile Justice Modifications

UT SB0290

Juvenile Court Modifications

UT HB0304

Juvenile Justice Revisions

UT HB0362

Juvenile Justice Revisions

Similar Bills

UT HB0259

Juvenile Interrogation Modifications

UT HB0171

Custodial Interrogation Amendments

CA AB2644

Custodial interrogation.

VT H0258

An act relating to law enforcement interrogation policies

UT SB0049

Juvenile Custodial Interrogation Amendments

MD SB120

Juvenile Law - Custodial Interrogation - Parental Consultation

WV HB3204

Relating to custodial interrogation of a child

MD HB814

Juvenile Law - Reform