Representative Ryan D. Wilcox proposes the following substitute bill:


1     
CUSTODIAL INTERROGATION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ryan D. Wilcox

5     
Senate Sponsor: Todd D. Weiler

6     

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
23     

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          [(a)] (b) (i) "Friendly adult" means an adult:
33          (A) [that] who has an established relationship with the child to the extent that the adult
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          [(b)] (c) (i) "Interrogation" means any express questioning or any words or actions that
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 [in custody and] subject to a custodial interrogation for an offense, the
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 [in custody and] subject to [interrogation of] a custodial interrogation
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 [in] at which the
72     child is [in] taken into custody.
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.