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Legislative Year: 2023 Change
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Bill Detail: HB23-1042

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Title Admissibility Standards For Juvenile Statements
Status House Committee on Judiciary Refer Amended to Appropriations (01/31/2023)
Bill Subjects
  • Children & Domestic Matters
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
House Sponsors J. Bacon (D)
S. Sharbini (D)
Senate Sponsors J. Gonzales (D)
House Committee Judiciary
Senate Committee
Date Introduced 01/09/2023
Summary

The bill makes any statement or admission obtained during a
juvenile custodial interrogation in which a law enforcement official
knowingly uses deception prior to or during the custodial interrogation
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 used during the custodial interrogation.
The bill requires law enforcement officials to electronically record
all juvenile custodial interrogations.
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.

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