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7 LONG TITLE
8 General Description:
9 This bill addresses the interrogation of a child.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the presence of a parent, guardian, or friendly adult in the interrogation of
13 a child;
14 ▸ requires a law enforcement agency to make an audio or visual recording of an
15 interrogation of a child;
16 ▸ addresses admissibility of a recorded or unrecorded custodial interrogation of a
17 child; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 80-6-206, as last amended by Laws of Utah 2022, Chapters 155, 312 and 335 and last
26 amended by Coordination Clause, Laws of Utah 2022, Chapter 155
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 80-6-206 is amended to read:
30 80-6-206. Interrogation of a child -- Presence of a parent, legal guardian, or other
31 adult -- Interrogation of a minor in a facility -- Prohibition on false information or
32 unauthorized statement.
33 (1) As used in this section:
34 (a) "Custodial interrogation" means any interrogation of a minor while the individual is
35 in custody.
36 (b) (i) "Friendly adult" means an adult:
37 (A) who has an established relationship with the child to the extent that the adult can
38 provide meaningful advice and concerned help to the child should the need arise; and
39 (B) who is not hostile or adverse to the child's interest.
40 (ii) "Friendly adult" does not include a parent or guardian of the child.
41 (c) (i) "Interrogation" means any express questioning or any words or actions that are
42 reasonably likely to elicit an incriminating response.
43 (ii) "Interrogation" does not include words or actions normally attendant to arrest and
44 custody.
45 (2) If a child is subject to a custodial interrogation for an offense, the child has the
46 right:
47 (a) to have the child's parent or guardian present during an interrogation of the child; or
48 (b) to have a friendly adult present during an interrogation of the child if:
49 (i) there is reason to believe that the child's parent or guardian has abused or threatened
50 the child; or
51 (ii) the child's parent's or guardian's interest is adverse to the child's interest, including
52 that the parent or guardian is a victim or a codefendant of the offense alleged to have been
53 committed by the child.
54 (3) If a child is subject to a custodial interrogation for an offense, the child may not be
55 interrogated unless:
56 (a) the child has been advised of the child's constitutional rights and the child's right to
57 have a parent or guardian, or a friendly adult if applicable under Subsection (2)(b), present
58 during the interrogation;
59 (b) the child has waived the child's constitutional rights;
60 (c) except as provided in Subsection (4), the child's parent or guardian, or the friendly
61 adult if applicable under Subsection (2)(b), was present during the child's waiver under
62 Subsection (3)(b) and has given permission for the child to be interrogated; and
63 (d) if the child is in the custody of the Division of Child and Family Services and a
64 guardian ad litem has been appointed for the child, the child's guardian ad litem has given
65 consent to an interview of the child as described in Section 80-2-705.
66 (4) A child's parent or guardian, or a friendly adult if applicable under Subsection
67 (2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
68 permission to the interrogation of the child if:
69 (a) the child is emancipated as described in Section 80-7-105;
70 (b) the child has misrepresented the child's age as being 18 years old or older and a
71 peace officer has relied on that misrepresentation in good faith; or
72 (c) a peace officer or a law enforcement agency:
73 (i) has made reasonable efforts to contact the child's parent or legal guardian, or a
74 friendly adult if applicable under Subsection (2)(b); and
75 (ii) has been unable to make contact within one hour after the time at which the child is
76 taken into custody.
77 (5) A child's parent or guardian, or a friendly adult if applicable under Subsection
78 (2)(b), is present at a custodial interrogation if the parent, guardian, or friendly adult attends the
79 custodial interrogation in person or by video.
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81 committed to a secure care facility under Section 80-6-705, or housed in a secure care facility
82 under Section 80-6-507, and the individual is subject to a custodial interrogation for an offense,
83 the individual may not be interrogated unless:
84 (i) the individual has had a meaningful opportunity to consult with the individual's
85 appointed or retained attorney;
86 (ii) the individual waives the individual's constitutional rights after consultation with
87 the individual's appointed or retained attorney; and
88 (iii) the individual's appointed or retained attorney is present for the interrogation.
89 (b) Subsection [
90 member of a detention facility, unless the juvenile probation officer or the staff member is
91 interrogating the individual on behalf of a peace officer or a law enforcement agency.
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93 stages of court proceedings as described in Section 78B-22-204.
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95 or an individual interrogating a child on behalf of a peace officer or a law enforcement agency,
96 may not knowingly:
97 (a) provide false information about evidence that is reasonably likely to elicit an
98 incriminating response from the child; or
99 (b) make an unauthorized statement about leniency for the offense.
100 (9) (a) A law enforcement agency shall make an audio recording or an audio-video
101 recording that accurately records a custodial interrogation of a child.
102 (b) A court shall determine whether a recorded or unrecorded custodial interrogation of
103 a child is admissible in a prosecution of the child in accordance with Rule 616 of the Utah
104 Rules of Evidence.