CO HB1315

Adds new subsection (7) to Colorado Revised Statutes 19-2-511 regarding admissibility of statements made by juveniles during custodial interrogation when a responsible adult is present.

Requires the prosecution to prove by preponderance of the evidence that the juvenile reasonably believed the responsible adult had no interests adverse to the juvenile and could provide protective counseling about the juvenile's rights.

Defines "protective counseling" as ongoing opportunity to offer guidance and advice concerning the juvenile's right to remain silent and to obtain retained or appointed counsel during custodial interrogation.

Defines "responsible adult" as a parent, guardian, legal or physical custodian, or other responsible adult who was a custodian of the juvenile or assumed the role of a parent at the time of interrogation.

Takes effect August 2, 2019, unless subject to a referendum petition, in which case it requires voter approval at the November 2020 general election and applies to statements obtained on or after the effective date.