Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 404 First Substitute (2023GS)

Sponsor

Rep. Judkins, M.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• addresses the presence of a parent, guardian, or friendly adult in the interrogation of a child;
• requires a law enforcement agency to make an audio or visual recording of an interrogation of a child; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUVENILE INTERROGATION MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marsha Judkins
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses the interrogation of a child.
Highlighted Provisions:
This bill:
▸ addresses the presence of a parent, guardian, or friendly adult in the interrogation of
a child;
▸ requires a law enforcement agency to make an audio or visual recording of an
interrogation of a child; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
80-6-206
, as last amended by Laws of Utah 2022, Chapters 155, 312 and 335 and last
amended by Coordination Clause, Laws of Utah 2022, Chapter 155
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
80-6-206
 is amended to read:
80-6-206.
Interrogation of a child -- Presence of a parent, legal guardian, or other
adult -- Interrogation of a minor in a facility -- Prohibition on false information or
unauthorized statement.
(1) As used in this section:
(a) "Custodial interrogation" means any interrogation of a minor while the individual is
in custody.
(b) (i) "Friendly adult" means an adult:
(A) who 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 guardian of the child.
(c) (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 subject to a custodial interrogation for an offense, the child has the
right:
(a) to have the child's parent or 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 guardian has abused or threatened
the child; or
(ii) the child's parent's or guardian's interest is adverse to the child's interest, including
that the parent or guardian is a victim or a codefendant of the offense alleged to have been
committed by the child.
(3) If a child is subject to a custodial interrogation for 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 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 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 
80-2-705
.
(4) A child's parent or 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 
80-7-105
;
(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 at which the child is
taken into custody.
(5) A child's parent or guardian, or a friendly adult if applicable under Subsection
(2)(b), is present at a custodial interrogation if the parent, guardian, or friendly adult attends the
custodial interrogation in person or by video.
[
(5)
] 
(6)
 (a) If an individual is admitted to a detention facility under Section 
80-6-205
,
committed to a secure care facility under Section 
80-6-705
, or housed in a secure care facility
under Section 
80-6-507
, and the individual is subject to a custodial interrogation for an offense,
the individual may not be interrogated unless:
(i) the individual has had a meaningful opportunity to consult with the individual's
appointed or retained attorney;
(ii) the individual waives the individual's constitutional rights after consultation with
the individual's appointed or retained attorney; and
(iii) the individual's appointed or retained attorney is present for the interrogation.
(b) Subsection [
(5)(a)
] 
(6)(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 individual on behalf of a peace officer or a law enforcement agency.
[
(6)
] 
(7)
 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
.
[
(7)
] 
(8)
 If a child is subject to a custodial interrogation for an offense, a peace officer,
or an individual interrogating a child on behalf of a peace officer or a law enforcement agency,
may not knowingly:
(a) provide false information about evidence that is reasonably likely to elicit an
incriminating response from the child; or
(b) make an unauthorized statement about leniency for the offense.
(9) A law enforcement agency shall make an audio or visual recording of any custodial
interrogation of a child.