Enrolled Copy H.B. 171
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 Cosponsors: Matthew H. Gwynn
7 Jefferson S. Burton Stephanie Pitcher
9 LONG TITLE
10 General Description:
11 This bill addresses the custodial interrogation of a child.
12 Highlighted Provisions:
13 This bill:
14 < addresses the use of false information about evidence or an unauthorized statement
15 about leniency in a custodial interrogation of a child; and
16 < makes technical and conforming changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 80-6-206, as enacted by Laws of Utah 2021, Chapter 261 and last amended by
24 Coordination Clause, Laws of Utah 2021, Chapter 261
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 80-6-206 is amended to read:
28 80-6-206. Interrogation of a child -- Presence of a parent, legal guardian, or other
H.B. 171 Enrolled Copy
29 adult -- Interrogation of a minor in a facility -- Prohibition on false information or
30 unauthorized statement.
31 (1) As used in this section:
32 (a) "Custodial interrogation" means any interrogation of a minor while the minor is in
34 [(a)] (b) (i) "Friendly adult" means an adult:
35 (A) [that] who has an established relationship with the child to the extent that the adult
36 can provide meaningful advice and concerned help to the child should the need arise; and
37 (B) who is not hostile or adverse to the child's interest.
38 (ii) "Friendly adult" does not include a parent or guardian of the child.
39 [(b)] (c) (i) "Interrogation" means any express questioning or any words or actions that
40 are reasonably likely to elicit an incriminating response.
41 (ii) "Interrogation" does not include words or actions normally attendant to arrest and
43 (2) If a child is [in custody and] subject to a custodial interrogation for an offense, the
44 child has the right:
45 (a) to have the child's parent or guardian present during an interrogation of the child; or
46 (b) to have a friendly adult present during an interrogation of the child if:
47 (i) there is reason to believe that the child's parent or guardian has abused or threatened
48 the child; or
49 (ii) the child's parent's or guardian's interest is adverse to the child's interest, including
50 that the parent or guardian is a victim or a codefendant of the offense alleged to have been
51 committed by the child.
52 (3) If a child is [in custody and] subject to [interrogation of] a custodial interrogation
53 for an offense, the child may not be interrogated unless:
54 (a) the child has been advised of the child's constitutional rights and the child's right to
55 have a parent or guardian, or a friendly adult if applicable under Subsection (2)(b), present
56 during the interrogation;
Enrolled Copy H.B. 171
57 (b) the child has waived the child's constitutional rights;
58 (c) except as provided in Subsection (4), the child's parent or guardian, or the friendly
59 adult if applicable under Subsection (2)(b), was present during the child's waiver under
60 Subsection (3)(b) and has given permission for the child to be interrogated; and
61 (d) if the child is in the custody of the Division of Child and Family Services and a
62 guardian ad litem has been appointed for the child, the child's guardian ad litem has given
63 consent to an interview of the child as described in Section 62A-4a-415.
64 (4) A child's parent or guardian, or a friendly adult if applicable under Subsection
65 (2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
66 permission to the interrogation of the child if:
67 (a) the child is emancipated as described in Section 80-7-105;
68 (b) the child has misrepresented the child's age as being 18 years old or older and a
69 peace officer has relied on that misrepresentation in good faith; or
70 (c) a peace officer or a law enforcement agency:
71 (i) has made reasonable efforts to contact the child's parent or legal guardian, or a
72 friendly adult if applicable under Subsection (2)(b); and
73 (ii) has been unable to make contact within one hour after the time [in] at which the
74 child is [in] taken into custody.
75 (5) (a) If a minor is admitted to a detention facility under Section 80-6-205, or the
76 minor is committed to secure care or a correctional facility, and is subject to a custodial
77 interrogation for an offense, the minor may not be interrogated unless:
78 (i) the minor has had a meaningful opportunity to consult with the minor's appointed or
79 retained attorney;
80 (ii) the minor waives the minor's constitutional rights after consultation with the
81 minor's appointed or retained attorney; and
82 (iii) the minor's appointed or retained attorney is present for the interrogation.
83 (b) Subsection (5)(a) does not apply to a juvenile probation officer, or a staff member
84 of a detention facility, unless the juvenile probation officer or the staff member is interrogating
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85 the minor on behalf of a peace officer or a law enforcement agency.
86 (6) A minor may only waive the minor's right to be represented by counsel at all stages
87 of court proceedings as described in Section 78B-22-204.
88 (7) If a child is subject to a custodial interrogation for an offense, a peace officer, or an
89 individual interrogating a child on behalf of a peace officer or a law enforcement agency, may
90 not knowingly:
91 (a) provide false information about evidence that is reasonably likely to elicit an
92 incriminating response from the child; or
93 (b) make an unauthorized statement about leniency for the offense.