5/1/2024Amended by Chapter 149, 2024 General Session2024Interrogation of a child -- Presence of a parent, legal guardian, or other adult -- Prohibition on false information or unauthorized statement -- Admissibility of admission, confession, or statement by child.As used in this section:"Custodial interrogation" means any interrogation of a child while the individual is in custody."Friendly adult" means an adult: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; andwho is not hostile or adverse to the child's interest."Friendly adult" does not include a parent or guardian of the child."Interrogation" means any express questioning or any words or actions that are reasonably likely to elicit an incriminating response."Interrogation" does not include words or actions normally attendant to arrest and custody.If a child is subject to a custodial interrogation for an offense, the child has the right to have:the child's parent or guardian present during an interrogation of the child; ora friendly adult present during an interrogation of the child if:there is reason to believe that the child's parent or guardian has abused or threatened the child; orthe 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.A child's parent or guardian, or a friendly adult, is present at a custodial interrogation if:the parent, guardian, or friendly adult attends the custodial interrogation in person or by video; andan interpreter is provided to the child and the parent, guardian, or friendly adult if the child or the parent, guardian, or friendly adult is unable to speak or understand English.If a child is subject to a custodial interrogation for an offense, the child may not be interrogated unless:the child has been advised, in accordance with Subsection (4), of:the child's constitutional rights; andif the child has a right to have a parent, guardian, or friendly adult present during the interrogation under this section, the child's right to have a parent or guardian, or a friendly adult present during the interrogation;the child has waived the child's constitutional rights;if the child has a right to have a parent, guardian, or friendly adult present during the interrogation under this section, the child's parent or guardian, or a friendly adult, was present during the child's waiver under Subsection (3)(b) and has given permission for the child to be interrogated; if the child is being held in a detention facility or a secure care facility, the child has had a meaningful opportunity to consult with the child's appointed or retained attorney and the child's appointed or retained attorney is present for the interrogation; andif 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.Before the custodial interrogation of a child by a peace officer or a juvenile probation officer, the peace officer or juvenile probation officer shall disclose the following to the child:You have the right to remain silent.If you do not want to talk to me, you do not have to talk to me.If you decide to talk to me, you have the right to stop answering my questions or talking to me at any time.Anything you say can and will be used against you in court.If you talk to me, I can tell a judge and everyone else in court everything that you tell me.You have the right to have a parent or guardian, or a friendly adult if applicable, with you while I ask you questions.You have the right to a lawyer.You can talk to a lawyer before I ask you any questions and you can have that lawyer with you while I ask you questions.If you want to talk to a lawyer, a lawyer will be provided to you for free.These are your rights.Do you understand the rights that I have just told you?Do you want to talk to me?A peace officer's, or a juvenile probation officer's, compliance with Subsection (4) is determined by examining the entirety of the officer's disclosures to the child.A peace officer's, or a juvenile probation officer's, failure to strictly comply with, or state the exact language of, Subsection (4) is not grounds by itself for finding the officer has not complied with Subsection (4).Notwithstanding Subsection (2), 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 as described in Subsection (3)(c) or to give permission to the custodial interrogation of the child if:the child is emancipated as described in Section 80-7-105;the child has misrepresented the child's age as being 18 years old or older and a peace officer or a juvenile probation officer has relied on that misrepresentation in good faith; a peace officer, a juvenile probation officer, or a law enforcement agency:has made reasonable efforts to contact the child's parent or guardian, or a friendly adult if applicable under Subsection (2)(b); andhas been unable to make contact within one hour after the time at which the child is taken into temporary custody; orthe child is being held in a detention facility or a secure care facility and the child's appointed or retained attorney is required to be present for the interrogation as described in Subsection (7).If a child is being held in a detention facility or a secure care facility and the child is subject to a custodial interrogation for an offense, the child may not be interrogated unless:the child has had a meaningful opportunity to consult with the child's appointed or retained attorney;the child waives the child's constitutional rights after consultation with the child's appointed or retained attorney; andthe child's appointed or retained attorney is present for the interrogation.Subsection (7)(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 child on behalf of a peace officer or a law enforcement agency.A child's appointed or retained attorney is present at a custodial interrogation as described in this Subsection (7) if the attorney attends the custodial interrogation in person or by video.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:provide false information about evidence that is reasonably likely to elicit an incriminating response from the child; ormake an unauthorized statement about leniency for the offense.A law enforcement agency shall make an audio recording or an audio-video recording that accurately records a custodial interrogation of a child.If a peace officer or juvenile probation officer intentionally, knowingly, or recklessly fails to comply with the requirements for a custodial interrogation of a child as described in this section, any admission, confession, or statement made by the child as a result of the custodial interrogation is presumed:to not be voluntarily, knowingly, and intelligently made; andto not be admissible as evidence against the child.A prosecuting attorney may only overcome the presumption described in Subsection (10)(a) by a preponderance of the evidence showing that the child had the ability to comprehend and waive:the child's constitutional rights; andif the child has a right to have a parent, guardian, or friendly adult present under this section, the child's right to have a parent or guardian, or a friendly adult, present during the custodial interrogation.When a custodial interrogation of a child is not accurately recorded as described in Subsection (9), a court shall determine whether a statement made by the child in the custodial interrogation is admissible in accordance with Rule 616 of the Utah Rules of Evidence.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.