1     
JUVENILE INTERROGATION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: Daniel W. Thatcher

6     Cosponsors:
7     Cheryl K. Acton
8     Clare Collard
9     Jennifer Dailey-Provost
10     Craig Hall
Dan N. Johnson
Rosemary T. Lesser
Michael J. Petersen
Travis M. Seegmiller
V. Lowry Snow
Andrew Stoddard
Raymond P. Ward

11     

12     LONG TITLE
13     General Description:
14          This bill addresses the interrogation of minors who are in custody for an offense.
15     Highlighted Provisions:
16          This bill:
17          ▸     defines "friendly adult";
18          ▸     addresses the right of a child to have a parent, a legal guardian, or a friendly adult
19     present when the child is in custody and subject to interrogation;
20          ▸     provides the requirements and exceptions to interrogating a child who is in custody
21     and subject to interrogation;
22          ▸     addresses the interrogation of a minor in a detention facility, a secure facility, or a
23     correctional facility;
24          ▸     clarifies a minor's waiver to the right to counsel for court proceedings; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:

29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          78B-22-204, as enacted by Laws of Utah 2019, Chapter 326
33     ENACTS:
34          78A-6-112.5, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 78A-6-112.5 is enacted to read:
38          78A-6-112.5. Interview of a child -- Presence of a parent, legal guardian, or other
39     adult -- Interview of minor in a facility.
40          (1) As used in this section:
41          (a) (i) "Friendly adult" means an adult:
42          (A) that has an established relationship with the child to the extent that the adult can
43     provide meaningful advice and concerned help to the child should the need arise; and
44          (B) who is not hostile or adverse to the child's interest.
45          (ii) "Friendly adult" does not include a parent or legal guardian of the child.
46          (b) (i) "Interrogation" means any express questioning or any words or actions that are
47     reasonably likely to elicit an incriminating response.
48          (ii) "Interrogation" does not include words or actions normally attendant to arrest and
49     custody.
50          (2) If a child is in custody and subject to interrogation for an offense, the child has the
51     right:
52          (a) to have the child's parent or legal guardian present during an interrogation of the
53     child; or
54          (b) to have a friendly adult present during an interrogation of the child if:
55          (i) there is reason to believe that the child's parent or legal guardian has abused or
56     threatened the child; or

57          (ii) the child's parent's or legal guardian's interest is adverse to the child's interest,
58     including that the parent or legal guardian is a victim or a codefendant of the offense alleged to
59     have been committed by the child.
60          (3) If a child is in custody and subject to interrogation of an offense, the child may not
61     be interrogated unless:
62          (a) the child has been advised of the child's constitutional rights and the child's right to
63     have a parent or legal guardian, or a friendly adult if applicable under Subsection (2)(b),
64     present during the interrogation;
65          (b) the child has waived the child's constitutional rights;
66          (c) except as provided in Subsection (4), the child's parent or legal guardian, or the
67     friendly adult if applicable under Subsection (2)(b), was present during the child's waiver under
68     Subsection (3)(b) and has given permission for the child to be interrogated; and
69          (d) if the child is in the custody of the Division of Child and Family Services and a
70     guardian ad litem has been appointed for the child, the child's guardian ad litem has given
71     consent to an interview of the child as described in Section 62A-4a-415.
72          (4) A child's parent or legal guardian, or a friendly adult if applicable under Subsection
73     (2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
74     permission to the interrogation of the child if:
75          (a) the child is emancipated as described in Section 78A-6-805;
76          (b) the child has misrepresented the child's age as being 18 years old or older and a
77     peace officer has relied on that misrepresentation in good faith; or
78          (c) a peace officer or a law enforcement agency:
79          (i) has made reasonable efforts to contact the child's parent or legal guardian, or a
80     friendly adult if applicable under Subsection (2)(b); and
81          (ii) has been unable to make contact within one hour after the time in which the child is
82     in custody.
83          (5) (a) If a minor is admitted to a detention facility under Section 78A-6-112, or the
84     minor is committed to a secure facility or a correctional facility as defined in Section

85     62A-7-101, and is subject to interrogation for an offense, the minor may not be interrogated
86     unless:
87          (i) the minor has had a meaningful opportunity to consult with the minor's appointed or
88     retained attorney;
89          (ii) the minor waives the minor's constitutional rights after consultation with the
90     minor's appointed or retained attorney; and
91          (iii) the minor's appointed or retained attorney is present for the interrogation.
92          (b) Subsection (5)(a) does not apply to a juvenile probation officer, or a staff member
93     of a detention facility, unless the juvenile probation officer or the staff member is interrogating
94     the minor on behalf of a peace officer or a law enforcement agency.
95          (6) A minor may only waive the minor's right to be represented by counsel at all stages
96     of court proceedings as described in Section 78B-22-204.
97          Section 2. Section 78B-22-204 is amended to read:
98          78B-22-204. Waiver by a minor.
99          A minor may not waive the right to [counsel before] be represented by counsel at all
100     stages of court proceedings unless:
101          (1) the minor has consulted with counsel; and
102          (2) the court is satisfied that in light of the minor's unique circumstances and attributes:
103          (a) the minor's waiver is knowing and voluntary; and
104          (b) the minor understands the consequences of the waiver.