HB 23-1042

Abstract

The bill makes any statement or admission obtained during a juvenile custodial interrogation in which by a law enforcement official or agent knowingly uses deception prior to or during the custodial interrogation who knowingly communicated any untruthful information or belief to be presumptively inadmissible against the juvenile in an evidentiary hearing unless the prosecution proves by a preponderance of the evidence and based on the totality of the circumstances that the statement or admission was made voluntarily. In assessing the totality of the circumstances, the court shall consider all evidence presented concerning the juvenile's vulnerability to any deception untruthful information or belief used during the custodial interrogation. The bill requires law enforcement officials 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 bill directs the P.O.S.T. board to develop a live, virtual, interactive 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. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)