HB 23-1042

  • Colorado House Bill
  • 2023 Regular Session
  • Introduced in House Mar 31, 2023
  • Passed House Mar 11, 2023
  • Passed Senate Apr 24, 2023
  • Signed by Governor May 18, 2023

Admissibility Standards For Juvenile Statements

Abstract

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.)

Bill Sponsors (3)

Votes


Actions


May 18, 2023

Office of the Governor

Governor Signed

May 17, 2023

Office of the Governor

Sent to the Governor

Senate

Signed by the President of the Senate

House

Signed by the Speaker of the House

Apr 27, 2023

House

House Considered Senate Amendments - Result was to Concur - Repass

Apr 25, 2023

House

House Considered Senate Amendments - Result was to Laid Over Daily

Apr 24, 2023

Senate

Senate Third Reading Passed - No Amendments

Apr 21, 2023

Senate

Senate Second Reading Special Order - Passed with Amendments - Committee

Senate

Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Appropriations Senate Committee of the Whole

Apr 17, 2023

Senate

Senate Committee on Judiciary Refer Amended to Appropriations

  • Referral-Committee
Appropriations Judiciary

Mar 31, 2023

Senate

Introduced In Senate - Assigned to Judiciary

  • Introduction
Judiciary

Mar 11, 2023

House

House Third Reading Passed - No Amendments

Mar 09, 2023

House

House Third Reading Laid Over Daily - No Amendments

Mar 08, 2023

House

House Second Reading Special Order - Passed with Amendments - Committee, Floor

Mar 07, 2023

House

House Second Reading Laid Over Daily - No Amendments

Mar 03, 2023

House

House Committee on Appropriations Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole Appropriations

Jan 31, 2023

House

House Committee on Judiciary Refer Amended to Appropriations

  • Referral-Committee
Appropriations Judiciary

Jan 09, 2023

House

Introduced In House - Assigned to Judiciary

  • Introduction
Judiciary

Bill Text

Bill Text Versions Format
Signed Act (05/18/2023) PDF
Final Act (05/17/2023) PDF
Rerevised (04/24/2023) PDF
Revised (04/21/2023) PDF
Reengrossed (03/11/2023) PDF
Engrossed (03/08/2023) PDF
Introduced (01/09/2023) PDF
PA3 (04/18/2023) PDF
PA2 (03/03/2023) PDF
PA1 (02/03/2023) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (02/28/2023) PDF
Fiscal Note SA2 (04/20/2023) PDF
Fiscal Note FN1 (01/12/2023) PDF
Fiscal Note FN2 (04/03/2023) PDF
Fiscal Note FN3 (06/20/2023) PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.