S.B. 157

1

PARENTAL NOTIFICATION OF CHILD
2 INTERVIEW BY LAW ENFORCEMENT
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: D. Chris Buttars
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the Utah Code of Criminal Procedure by requiring parental
11 notification when a child is interviewed by a peace officer.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires, subject to certain exceptions, that if a peace officer interviews a child, the
16 peace officer shall:
17 . provide the child with the officer's name and telephone number; and
18 . notify a parent or guardian of the child, within 24 hours after the interview, that
19 the interview took place;
20 . provides that failure by a peace officer to comply with the requirements of this bill
21 will be documented in the peace officer's permanent personnel file; and
22 . provides that failure to comply with the requirements of this bill is not grounds for
23 suppression of any evidence or statement, or for dismissing a criminal charge or
24 juvenile petition.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 77-7a-101, Utah Code Annotated 1953
32 77-7a-102, Utah Code Annotated 1953
33 77-7a-103, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 77-7a-101 is enacted to read:
37 CHAPTER 7a. INTERVIEWS OF CHILDREN
38 77-7a-101. Title.
39 This chapter is known as "Interviews of Children."
40 Section 2. Section 77-7a-102 is enacted to read:
41 77-7a-102. Definitions.
42 As used in this chapter:
43 (1) "Child" means a person less than 18 years of age.
44 (2) "Interview" means to discuss with, or question, a person regarding the unlawful
45 conduct or potential unlawful conduct of any person, including the conduct of the person who
46 is being questioned or who is part of the discussion.
47 (3) "Peace officer" is as defined in Section 53-1-102 .
48 Section 3. Section 77-7a-103 is enacted to read:
49 77-7a-103. Interview of a child by a peace officer.
50 (1) Except as provided in Subsection (2), if a peace officer interviews a child, the peace
51 officer shall:
52 (a) give the child a document containing the name and telephone number of the peace
53 officer; and
54 (b) within 24 hours after the interview, notify a parent or guardian of the child that the
55 peace officer interviewed the child.
56 (2) (a) A peace officer is not required to comply with Subsection (1)(a) if a parent or
57 guardian of the child is present with the child during the interview with the child.
58 (b) A peace officer is not required to comply with Subsection (1)(b) if:

59 (i) a parent or guardian of the child is present with the child during the interview with
60 the child;
61 (ii) the peace officer notifies a parent or guardian of the child, within 24 hours before
62 the time of the interview, that the peace officer intends to interview the child;
63 (iii) a parent or guardian of the child contacts the peace officer within 24 hours after
64 the interview to discuss the interview with the peace officer; or
65 (iv) the peace officer:
66 (A) makes a good faith effort to notify a parent or guardian of the child;
67 (B) is not successful in the peace officer's attempt to notify a parent or guardian of the
68 child;
69 (C) sends a letter to the last-known address of a parent or guardian of the child, if an
70 address can be found, notifying the parent or guardian that the peace officer interviewed the
71 child; and
72 (D) documents the peace officer's efforts to notify a parent or guardian of the child that
73 the peace officer interviewed the child.
74 (3) If a peace officer fails to comply with the requirements of this section, the failure
75 shall be documented in the peace officer's permanent personnel file.
76 (4) Failure of a peace officer to comply with the requirements of this section is not
77 grounds for:
78 (a) suppression of evidence or statements gathered during, or as a result of, the
79 interview; or
80 (b) dismissing a criminal charge or a petition subjecting a person to the jurisdiction of
81 the juvenile court.




Legislative Review Note
as of 1-19-07 11:35 AM

Office of Legislative Research and General Counsel