Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 158 Third Substitute (2021GS)

Sponsor

Rep. Judkins, M.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines "friendly adult";
• addresses the right of a child to have a parent, a legal guardian, or a friendly adult present when the child is in custody and subject to interrogation;
• provides the requirements and exceptions to interrogating a child who is in custody and subject to interrogation;
• addresses the interrogation of a minor in a detention facility, a secure facility, or a correctional facility;
• clarifies a minor's waiver to the right to counsel for court proceedings; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUVENILE INTERROGATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marsha Judkins
Senate Sponsor: 
Daniel W. Thatcher
Cosponsors:
Cheryl K. Acton
Clare Collard
Jennifer Dailey-Provost
Craig Hall
Dan N. Johnson
Rosemary T. Lesser
Michael J. Petersen
Travis M. Seegmiller
V. Lowry Snow
Andrew Stoddard
Raymond P. Ward
LONG TITLE
General Description:
This bill addresses the interrogation of minors who are in custody for an offense. 
Highlighted Provisions:
This bill:
▸ defines "friendly adult";
▸ addresses the right of a child to have a parent, a legal guardian, or a friendly adult
present when the child is in custody and subject to interrogation;
▸ provides the requirements and exceptions to interrogating a child who is in custody
and subject to interrogation;
▸ addresses the interrogation of a minor in a detention facility, a secure facility, or a
correctional facility;
▸ clarifies a minor's waiver to the right to counsel for court proceedings; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-22-204
, as enacted by Laws of Utah 2019, Chapter 326
ENACTS:
78A-6-112.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-112.5
 is enacted to read:
 78A-6-112.5.
Interview of a child -- Presence of a parent, legal guardian, or other
adult -- Interview of minor in a facility.
(1) As used in this section:
(a) (i) "Friendly adult" means an adult:
(A) that has an established relationship with the child to the extent that the adult can
provide meaningful advice and concerned help to the child should the need arise; and
(B) who is not hostile or adverse to the child's interest.
(ii) "Friendly adult" does not include a parent or legal guardian of the child.
(b) (i) "Interrogation" means any express questioning or any words or actions that are
reasonably likely to elicit an incriminating response.
(ii) "Interrogation" does not include words or actions normally attendant to arrest and
custody.
(2) If a child is in custody and subject to interrogation for an offense, the child has the
right:
(a) to have the child's parent or legal guardian present during an interrogation of the
child; or
(b) to have a friendly adult present during an interrogation of the child if:
(i) there is reason to believe that the child's parent or legal guardian has abused or
threatened the child; or
(ii) the child's parent's or legal guardian's interest is adverse to the child's interest,
including that the parent or legal guardian is a victim or a codefendant of the offense alleged to
have been committed by the child.
(3) If a child is in custody and subject to interrogation of an offense, the child may not
be interrogated unless:
(a) the child has been advised of the child's constitutional rights and the child's right to
have a parent or legal guardian, or a friendly adult if applicable under Subsection (2)(b),
present during the interrogation;
(b) the child has waived the child's constitutional rights;
(c) except as provided in Subsection (4), the child's parent or legal guardian, or the
friendly adult if applicable under Subsection (2)(b), was present during the child's waiver under
Subsection (3)(b) and has given permission for the child to be interrogated; and
(d) if the child is in the custody of the Division of Child and Family Services and a
guardian ad litem has been appointed for the child, the child's guardian ad litem has given
consent to an interview of the child as described in Section 
62A-4a-415
.
(4) A child's parent or legal guardian, or a friendly adult if applicable under Subsection
(2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
permission to the interrogation of the child if:
(a) the child is emancipated as described in Section 
78A-6-805
;
(b) the child has misrepresented the child's age as being 18 years old or older and a
peace officer has relied on that misrepresentation in good faith; or
(c) a peace officer or a law enforcement agency:
(i) has made reasonable efforts to contact the child's parent or legal guardian, or a
friendly adult if applicable under Subsection (2)(b); and
(ii) has been unable to make contact within one hour after the time in which the child is
in custody.
(5) (a) If a minor is admitted to a detention facility under Section 
78A-6-112
, or the
minor is committed to a secure facility or a correctional facility as defined in Section
62A-7-101
, and is subject to interrogation for an offense, the minor may not be interrogated
unless:
(i) the minor has had a meaningful opportunity to consult with the minor's appointed or
retained attorney;
(ii) the minor waives the minor's constitutional rights after consultation with the
minor's appointed or retained attorney; and
(iii) the minor's appointed or retained attorney is present for the interrogation.
(b) Subsection (5)(a) does not apply to a juvenile probation officer, or a staff member
of a detention facility, unless the juvenile probation officer or the staff member is interrogating
the minor on behalf of a peace officer or a law enforcement agency.
(6) A minor may only waive the minor's right to be represented by counsel at all stages
of court proceedings as described in Section 
78B-22-204
.
Section 2. Section 
78B-22-204
 is amended to read:
78B-22-204.
Waiver by a minor.
A minor may not waive the right to [
counsel before
] 
be represented by counsel at all
stages of court proceedings unless
:
(1) the minor has consulted with counsel; and
(2) the court is satisfied that in light of the minor's unique circumstances and attributes:
(a) the minor's waiver is knowing and voluntary; and
(b) the minor understands the consequences of the waiver.