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7 LONG TITLE
8 General Description:
9 This bill addresses the custodial interrogation of a child.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the use of false information about evidence or an unauthorized statement
13 about leniency in a custodial interrogation of a child; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 80-6-206, as enacted by Laws of Utah 2021, Chapter 261 and last amended by
22 Coordination Clause, Laws of Utah 2021, Chapter 261
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 80-6-206 is amended to read:
26 80-6-206. Interrogation of a child -- Presence of a parent, legal guardian, or other
27 adult -- Interrogation of a minor in a facility -- Prohibition on the use of false
28 information.
29 (1) As used in this section:
30 (a) "Custodial interrogation" means any interrogation of a minor while the minor is in
31 custody.
32 [
33 (A) [
34 can provide meaningful advice and concerned help to the child should the need arise; and
35 (B) who is not hostile or adverse to the child's interest.
36 (ii) "Friendly adult" does not include a parent or guardian of the child.
37 [
38 are reasonably likely to elicit an incriminating response.
39 (ii) "Interrogation" does not include words or actions normally attendant to arrest and
40 custody.
41 (2) If a child is [
42 child has the right:
43 (a) to have the child's parent or guardian present during an interrogation of the child; or
44 (b) to have a friendly adult present during an interrogation of the child if:
45 (i) there is reason to believe that the child's parent or guardian has abused or threatened
46 the child; or
47 (ii) the child's parent's or guardian's interest is adverse to the child's interest, including
48 that the parent or guardian is a victim or a codefendant of the offense alleged to have been
49 committed by the child.
50 (3) If a child is [
51 for an offense, the child may not be interrogated unless:
52 (a) the child has been advised of the child's constitutional rights and the child's right to
53 have a parent or guardian, or a friendly adult if applicable under Subsection (2)(b), present
54 during the interrogation;
55 (b) the child has waived the child's constitutional rights;
56 (c) except as provided in Subsection (4), the child's parent or guardian, or the friendly
57 adult if applicable under Subsection (2)(b), was present during the child's waiver under
58 Subsection (3)(b) and has given permission for the child to be interrogated; and
59 (d) if the child is in the custody of the Division of Child and Family Services and a
60 guardian ad litem has been appointed for the child, the child's guardian ad litem has given
61 consent to an interview of the child as described in Section 62A-4a-415.
62 (4) A child's parent or guardian, or a friendly adult if applicable under Subsection
63 (2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
64 permission to the interrogation of the child if:
65 (a) the child is emancipated as described in Section 80-7-105;
66 (b) the child has misrepresented the child's age as being 18 years old or older and a
67 peace officer has relied on that misrepresentation in good faith; or
68 (c) a peace officer or a law enforcement agency:
69 (i) has made reasonable efforts to contact the child's parent or legal guardian, or a
70 friendly adult if applicable under Subsection (2)(b); and
71 (ii) has been unable to make contact within one hour after the time [
72 child is [
73 (5) (a) If a minor is admitted to a detention facility under Section 80-6-205, or the
74 minor is committed to secure care or a correctional facility, and is subject to a custodial
75 interrogation for an offense, the minor may not be interrogated unless:
76 (i) the minor has had a meaningful opportunity to consult with the minor's appointed or
77 retained attorney;
78 (ii) the minor waives the minor's constitutional rights after consultation with the
79 minor's appointed or retained attorney; and
80 (iii) the minor's appointed or retained attorney is present for the interrogation.
81 (b) Subsection (5)(a) does not apply to a juvenile probation officer, or a staff member
82 of a detention facility, unless the juvenile probation officer or the staff member is interrogating
83 the minor on behalf of a peace officer or a law enforcement agency.
84 (6) A minor may only waive the minor's right to be represented by counsel at all stages
85 of court proceedings as described in Section 78B-22-204.
86 (7) If a child is subject to a custodial interrogation for an offense, a peace officer, or an
87 individual interrogating a child on behalf of a peace officer or a law enforcement agency, may
88 not knowingly:
89 (a) provide false information about evidence that is reasonably likely to elicit an
90 incriminating response from the child; or
91 (b) make an unauthorized statement about leniency for the offense.