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Bill Detail: HB19-1315

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Title Admissibility Of Statements By A Juvenile
Status House Considered Senate Amendments - Result was to Concur - Repass (04/30/2019)
Bill Subjects
  • Children & Domestic Matters
  • Crimes, Corrections, & Enforcement
House Sponsors D. Michaelson Jenet (D)
S. Gonzales-Gutierrez (D)
Senate Sponsors J. Gonzales (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 04/08/2019
Description

Under current law, statements by a juvenile concerning delinquent
acts committed by the juvenile are admissible against the juvenile so long
as the juvenile is accompanied by one or more specified adults during the
advisement of constitutional rights and during the interrogation. A court
decision found this to be legally sufficient even if the adult was shown to
have an interest adverse to the juvenile. Under the bill, if an issue
concerning the adult's adverse interest is raised, the prosecution must
prove by a preponderance of the evidence that the person conducting the

interrogation reasonably believed that the adult did not have an interest
adverse to the juvenile and helped safeguard the juvenile's constitutional
rights during the interrogation.

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