As Colorado’s 2022 legislative session closed, the House killed Senate Bill 22-023, which would have prohibited law enforcement from lying while interrogating suspects under the age of 18.
Senate Bill 22-023, Deceptive Tactics Juvenile Custodian Interrogation, would have prohibited a law enforcement officer or agent from using deception and false facts or beliefs to obtain a statement or admission from a juvenile while assisting, cooperating with or otherwise facilitating a custodial interrogation.
The dead bill asserted that any statement or admission obtained during the course of a juvenile interrogation in which a law enforcement official knowingly uses deception is presumptively inadmissible against the juvenile in an evidentiary hearing unless the prosecution proves by clear and convincing evidence that the statement or admission was made voluntarily.
The bill also would have required interrogations to be electronically recorded so judges and juries can watch said recordings and determine how law enforcement obtained confessions.
After narrowly passing in the Senate and advancing to the House in February, the bill underwent immense revisions, prompting the bill’s sponsors, Sen. Julie Gonzales (D-Denver), Rep. Jennifer Bacon (D-Denver) and Rep. Serena Gonzales-Gutierrez (D-Denver), to prevent its passing.
“[The revisions] fundamentally changed this bill. Changed it to a point where, honestly, our coalition, our advocates and we agree that it would actually be worse for our kids when we’re talking about the use of deceptive tactics from law enforcement,” said Rep. Gonzales-Gutierrez.
Amended, the bill would have only required law enforcement agencies to adopt policies and procedures for juvenile interrogations by Feb. 28, 2023.
Proponents of the bill highlighted a 2013 study conducted by the National Registry of Exonerations, finding that of juveniles exonerated of crimes over a 25-year period, 38% provided false confessions.
“The issue reveals just how our broken criminal legal system takes advantage of the most vulnerable, and I’m proud to carry this policy which will end these deceptive practices,” said Sen. Gonzales, after advancing in February. “Kids shouldn’t lie to cops and cops shouldn’t lie to kids.”
Critics of the bill argue that it would have impaired law enforcement’s efficacy in investigating and solving crimes. “There are other juveniles who have a history of poor decisions that are involved in gang activity, violent crimes that some of these techniques are needed in order to get information out of them regarding our case,” said Pueblo Police Chief Chris Noeller.
“I think it is dangerous to legislate tactics in what we are allowed to do because every situation is different. Every individual is different … the judge [who] is going to make those decisions has ought to be the one to make that decision,” he added.
The bill’s sponsors intend to reintroduce the measure in next year’s legislative session.
