Amendments for SB22-023
Senate Journal, February 11
After consideration on the merits, the Committee recommends that SB22-023 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, line 2, strike "add 19-2.5-203.1" and substitute
"19-2.5-203, add (8)".
Page 2, strike line 4 and substitute "19-2.5-203. Statements - ".
Page 2, line 5, strike "(1)" and substitute "(8)(a)".
Page 2, line 10, before "INTERROGATION" insert "CUSTODIAL".
Page 2, line 17, before "INTERROGATION." insert "CUSTODIAL".
Page 2, line 18, strike "(2)" and substitute "(b)".
Page 2, line 19, before "INTERROGATIONS" insert "CUSTODIAL".
Page 3, strike lines 1 through 7 and substitute:
"(c) AS USED IN THIS SUBSECTION (8):
(I) "AGENT" MEANS A PERSON WHO SPEAKS DURING THE CUSTODIAL
INTERROGATION OF THE JUVENILE.
(II) "DECEPTION" MEANS TO KNOWINGLY COMMUNICATE ONE OR".
Page 3, strike lines 13 through 15 and substitute:
"SECTION 2. Act subject to petition - effective date. This act takes
effect February 28, 2023; except that, if a referendum petition is filed pursuant
to section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within the ninety-day period after final adjournment
of the general assembly, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in November
2022 and, in such case, will take effect February 28, 2023.".
Page 1, line 102, before "INTERROGATION" insert "CUSTODIAL".
Senate Journal, February 15
SB22-023 by Senator(s) Gonzales; also Representative(s) Bacon and Gonzales-Gutierrez--Concerning
prohibiting deceptive tactics during custodial interrogation of a juvenile.
Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, February 11, page(s) 153-154 and placed in members' bill
files.)
Amendment No. 2(L.014), by Senator Gonzales.
Amend printed bill, page 2, lines 5 and 6, strike "AND ANY FRUITS".
Page 2, line 7, strike "ARE" and substitute "IS".
Amendment No. 3(L.013), by Senator Gardner.
Amend printed bill, page 3, after line 12 insert:
"SECTION 2. In Colorado Revised Statutes, 24-31-303, add (1)(u) as
follows:
24-31-303. Duties - powers of the P.O.S.T. board - definition.
(1) The P.O.S.T. board has the following duties:
(u) TO DEVELOP AN IN-PERSON INTERACTIVE TRAINING PROGRAM FOR
PEACE OFFICERS ON THE IMPLEMENTATION OF SECTION 19-2.5-203 (8) TO
ENSURE A UNIFORM INTERPRETATION OF THE LAW. THE STATE SHALL COVER
ANY LOCAL LAW ENFORCEMENT AGENCY COSTS ASSOCIATED WITH THE
TRAINING. THE TRAINING MUST INCLUDE, AT A MINIMUM, EDUCATION FOR
PEACE OFFICERS ON:
(I) UNDERSTANDING JUVENILE DEVELOPMENT AND CULTURE AND ITS
IMPACT ON INTERVIEWS AND CUSTODIAL INTERROGATIONS OF JUVENILES;
(II) INTERPRETING JUVENILE BEHAVIOR DURING AN INTERVIEW OR
CUSTODIAL INTERROGATION;
(III) TECHNIQUES FOR BUILDING AND ESTABLISHING RAPPORT WITH
JUVENILES;
(IV) CONSTRUCTING AGE-APPROPRIATE STATEMENTS AND QUESTIONS
FOR INTERVIEWS AND CUSTODIAL INTERVIEWS; AND
(V) CAUTIONS AND CONSIDERATIONS FOR INTERVIEWING AND
INTERROGATING JUVENILES IN CUSTODY, INCLUDING HOW TO REDUCE THE
LIKELIHOOD OF FALSE OR COERCED CONFESSIONS.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, February 15
SB22-023 by Senator(s) Gonzales; also Representative(s) Bacon and Gonzales-Gutierrez--Concerning
prohibiting deceptive tactics during custodial interrogation of a juvenile.
Senator Fenberg moved to amend the report of the Committee of the Whole to show that
the following Senator Gardner floor amendment, (L.015) to SB22-023, did pass.
Amend the Judiciary Committee Report, dated February 10, 2022, page 1, line
3, strike "Statements - " and substitute "Statements - policies and procedures
-".
Page 1 of the report, strike lines 5 through 14 and substitute:
"Page 2 of the bill, lines 7 through 22 and substitute "BY A LAW ENFORCEMENT
OFFICIAL OR AGENT MUST BE CONSIDERED AGAINST THE UNITED STATES
SUPREME COURT RECOGNIZED EMOTIONAL AND DEVELOPMENTAL DIFFERENCES
BETWEEN ADULTS AND JUVENILES. A LAW ENFORCEMENT OFFICER SHALL TAKE
SUCH DIFFERENCES INTO ACCOUNT WHEN CONDUCTING AN INTERVIEW OR
CUSTODIAL INTERROGATION OF A JUVENILE. A LAW ENFORCEMENT OFFICER
SHALL FOLLOW A STANDARD INTERNAL POLICY TO OBSERVE THE LEGAL RIGHTS
OF A JUVENILE AND PROTECT THE JUVENILE FROM COERCION OR INTIMIDATION
DURING AN INTERVIEW OR CUSTODIAL INTERROGATION.
(2) ON OR BEFORE FEBRUARY 28, 2023, ANY COLORADO LAW
ENFORCEMENT AGENCY THAT EMPLOYS A PEACE OFFICER REQUIRED TO BE
P.O.S.T.-CERTIFIED PURSUANT TO SECTION 16-2.5-102, THAT IS CHARGED WITH
ENFORCING THE CRIMINAL LAWS OF COLORADO, AND THAT, AS PART OF ANY
CRIMINAL INVESTIGATION, USES OR MIGHT USE ANY JUVENILE CUSTODIAL
INTERROGATION PROCEDURE, SHALL ADOPT WRITTEN POLICIES AND
PROCEDURES CONCERNING THE CUSTODIAL INTERROGATION OF A JUVENILE
CONDUCTED BY THAT LAW ENFORCEMENT AGENCY. THE POLICIES AND
PROCEDURES ADOPTED AND IMPLEMENTED BY A LAW ENFORCEMENT AGENCY
MUST BE CONSISTENT WITH JUVENILE CUSTODIAL INTERROGATION PROCEDURES
OF NATIONALLY RECOGNIZED PEER-REVIEWED RESEARCH AND CONSISTENT WITH
THE REQUIREMENTS OF SECTION 16-1-110 FOR ADMISSIBILITY OF EVIDENCE. THE
POLICIES AND PROCEDURES MUST INCLUDE REQUIREMENTS FOR:
(a) AGE-APPROPRIATE MIRANDA WARNINGS THAT SHALL BE
ADMINISTERED PRIOR TO A CUSTODIAL INTERROGATION OF A JUVENILE;
(b) ELECTRONIC RECORDING BY LAW ENFORCEMENT OF ALL JUVENILE
CUSTODIAL INTERROGATIONS PURSUANT TO SECTION 16-3-601 WITHOUT
REGARD TO THE NATURE OF THE OFFENSE; AND
(c) LAW ENFORCEMENT OFFICIALS OR AGENTS TO TAILOR THE
QUESTIONS FOR A CUSTODIAL INTERROGATION OF A JUVENILE TO THE JUVENILE'S
AGE, SOPHISTICATION, MATURITY, LEVEL OF EDUCATION, MENTAL ABILITY, AND
OTHER PERTINENT INFORMATION."."
Page 3 of the bill, strike lines 1 through 12.
Less than A majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 15 NO 19 EXCUSED 1 ABSENT 0
Bridges N Gardner Y Lee N Simpson Y
Buckner N Ginal N Liston Y Smallwood Y
Coleman N Gonzales N Lundeen Y Sonnenberg Y
Cooke Y Hansen N Moreno N Story N
Coram Y Hisey Y Pettersen N Winter N
Danielson E Holbert Y Priola Y Woodward Y
Donovan N Jaquez Lewis N Rankin Y Zenzinger N
Fenberg N Kirkmeyer Y Rodriguez N President N
Fields N Kolker N Scott Y
House Journal, March 16
7 SB22-023 be amended as follows, and as so amended, be referred to
8 the Committee on Appropriations with favorable
9 recommendation:
10
11 Amend reengrossed bill, page 2, line 11, strike "CLEAR AND CONVINCING"
12 and substitute "A PREPONDERANCE OF THE".
13
14
House Journal, May 5
25 SB22-023 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend reengrossed bill, page 3, line 14, strike "AN IN-PERSON
30 INTERACTIVE" and substitute "A LIVE VIRTUAL".
31
32 Page 3, line 16, strike "INTERPRETATION" and substitute "ENFORCEMENT"
33 and before "THE" insert "THE STATE SHALL PROVIDE THIS TRAINING ON AT
34 LEAST TEN DIFFERENT DATES PRIOR TO FEBRUARY 28, 2023.".
35
36 Page 3, line 17, after "ANY" insert "REASONABLE DIRECT".
37
38 Page 3, line 18, after "TRAINING." insert "NOTWITHSTANDING SECTION
39 24-31-310 (3), THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FROM
40 THE GENERAL FUND TO CARRY OUT THE PURPOSES OF THIS SUBSECTION
41 (1)(u).".
42
43 Page 3, line 21, strike "INTERVIEWS AND".
44
45 Page 3, line 23, strike "AN INTERVIEW OR" and substitute "A".
46
47 Page 4, line 1, strike "INTERVIEWS AND".
48
49 Page 4, line 2, strike "INTERVIEWING AND".
50
51 Page 4, after line 4 insert:
52
53
1 "SECTION 3. Appropriation. For the 2022-23 state fiscal year,
2 $55,000 is appropriated to the department of law. This appropriation is
3 from the P.O.S.T. board cash fund created in section 24-31-303 (2)(b),
4 C.R.S. To implement this act, the department may use this appropriation
5 for peace officers standards and training board support.".
6
7 Renumber succeeding section accordingly.
8
9 Page 1, line 102, strike "JUVENILE." and substitute "JUVENILE, AND, IN
10 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
11
12
House Journal, May 10
15 Amendment No. 1, Appropriations Report, dated May 5, 2022, and placed
16 in member’s bill file; Report also printed in House Journal, May 5, 2022.
17
18 Amendment No. 2, Judiciary Report, dated March 15, 2022, and placed
19 in member’s bill file; Report also printed in House Journal, March 16,
20 2022.
21
22 Amendment No. 3, by Representative Carver.
23
24 Strike the Appropriations Committee Report, dated May 5, 2022 and
25 substitute:
26 "Strike the Judiciary Committee report, dated March 15, 2022 and
27 substitute:
28 "Amend the reengrossed bill, page 2, strike lines 2 through 22 and
29 substitute:
30 "SECTION 1. In Colorado Revised Statutes, 19-2.5-203, add (8)
31 as follows:
32 19-2.5-203. Statements - definitions. (8) ON OR BEFORE
33 FEBRUARY 28, 2023, ANY COLORADO LAW ENFORCEMENT AGENCY THAT
34 EMPLOYS A PEACE OFFICER REQUIRED TO BE P.O.S.T.-CERTIFIED
35 PURSUANT TO SECTION 16-2.5-102 THAT IS CHARGED WITH ENFORCING THE
36 CRIMINAL LAWS OF COLORADO, AND THAT, AS PART OF ANY CRIMINAL
37 INVESTIGATION, USES OR MIGHT USE ANY JUVENILE CUSTODIAL
38 INTERROGATION PROCEDURE, SHALL ADOPT WRITTEN POLICIES AND
39 PROCEDURES CONCERNING THE CUSTODIAL INTERROGATION OF A JUVENILE
40 CONDUCTED BY THAT LAW ENFORCEMENT AGENCY. THE POLICIES AND
41 PROCEDURES ADOPTED AND IMPLEMENTED BY A LAW ENFORCEMENT
42 AGENCY MUST BE CONSISTENT WITH JUVENILE CUSTODIAL INTERROGATION
43 PROCEDURES OF THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE
44 OR OTHER NATIONALLY RECOGNIZED PEER-REVIEWED RESEARCH. THE
45 POLICIES AND PROCEDURES MUST INCLUDE REQUIREMENTS FOR:
46 (a) AGE-APPROPRIATE MIRANDA WARNINGS THAT SHALL BE
47 ADMINISTERED PRIOR TO A CUSTODIAL INTERROGATION OF A JUVENILE;
48 (b) ELECTRONIC RECORDING BY LAW ENFORCEMENT OF ALL
601 49 JUVENILE CUSTODIAL INTERROGATIONS PURSUANT TO SECTION 16-3-
50 WITHOUT REGARD TO THE NATURE OF THE OFFENSE; AND
51 (c) LAW ENFORCEMENT OFFICIALS TO TAILOR THE QUESTIONS FOR
52 A CUSTODIAL INTERROGATION OF A JUVENILE TO THE JUVENILE'S AGE,
53 SOPHISTICATION, MATURITY, LEVEL OF EDUCATION, MENTAL ABILITY, AND
54 OTHER PERTINENT INFORMATION.".
55
56 Strike page 3.
1 Page 4, strike lines 1 through 4.
2
3 Page 4, line 5, strike "Section. 3." and substitute "SECTION. 2.".".".
4
5 As amended, ordered revised and placed on the Calendar for Third
6 Reading and Final Passage.
7