Gonzales Bill On Admissibility Standards for Youth Interrogations Approved by Senate

Legislation would bar juveniles’ statements from being admitted in court if a law enforcement official used deceptive practices during interrogation

DENVER, CO – Today Senator Julie Gonzales’, D-Denver, bill to bar a juvenile’s statement from being admitted in court if law enforcement used deceptive practices during a custodial interrogation passed the Senate.

HB23-1042 would make a juvenile’s statement inadmissible in court if a law enforcement official knowingly uses untruthful practices during a custodial interrogation, unless the prosecution can prove that the statement was made voluntarily despite the deception. It would require an interrogation to be recorded and would allow a judge to use the recording to determine if the statement or admission is voluntary and admissible.

“False confessions harm the person giving the confession as well as our public safety,” Gonzales said. “Currently, Colorado law tells us that we are okay with law enforcement lying to children; that we are okay with innocent children ending up behind bars. This year, we have an opportunity to do right by Colorado’s kids. I’m proud to carry this critical legislation which will help prevent kids from having permanent records over false confessions and ensure law enforcement is keeping our communities safe by finding the correct perpetrator of crimes.”

The bill would allocate $30,000 to fund juvenile interrogation training for law enforcement to improve understanding of juvenile development, strengthen techniques for building rapport with juveniles, and reduce the likelihood of false confessions.

HB23-1042 now returns to the House for concurrence of amendments. You can follow the bill’s progress HERE.