HB 23-1042

HB 23-1042, which has been signed into law in Colorado, makes it harder for statements made by juveniles during police interrogations to be used against them if the police lied or misled the juvenile. The law requires that all such interrogations of minors be recorded electronically and mandates training for officers on how to properly conduct these interviews without using deceit. This new rule will take effect on August 7, 2023, protecting juveniles from having their statements admitted in court if they were obtained under false pretenses. Law enforcement agencies will receive funding to help cover the costs of implementing this change and training officers accordingly.

Official Summary

The act makes any statement or admission obtained during a juvenile custodial interrogation by a law enforcement official or agent who knowingly communicated any untruthful information or belief to the juvenile to be presumptively inadmissible against the juvenile at trial, unless the prosecution, in an evidentiary hearing prior to trial, proves by a preponderance of the evidence and based on the totality of the circumstances that the statement or admission was made voluntarily, despite the untruthful information or belief used to obtain the statement or admission or that the law enforcement official agent in good faith reasonably believed the information or belief was true at the time it was used. In assessing the totality of the circumstances, the court shall consider all evidence presented concerning the juvenile's vulnerability to any untruthful information or belief used during the custodial interrogation. The act requires law enforcement officials or agents to electronically record all juvenile custodial interrogations. Law enforcement agencies are encouraged to adopt and follow national model policies that are included in P.O.S.T. rules concerning law-enforcement-conducted interrogations involving a juvenile. The act directs the P.O.S.T. board to develop a live, virtual, training program for peace officers on the enforcement of laws related to custodial interrogation of juveniles to ensure uniform interpretation of the law. The state shall cover any local law enforcement agency costs associated with the training. For the 2023-24 state fiscal year, $37,500 is appropriated to the department of law from the P.O.S.T. board cash fund for peace officers standards and training board support. APPROVED by Governor May 18, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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