HB 23-1155 Summary

• Adds Colorado Revised Statute 16-3-406 requiring law enforcement to provide Miranda warnings before custodial interrogation in a manner that reasonably conveys five specific rights to the defendant.

• Courts cannot admit statements from custodial interrogation as evidence unless the defendant was advised of the right to remain silent, that statements can be used against them, the right to counsel, the right to appointed counsel if indigent, and the ability to stop questioning at any time.

• Prosecution bears the burden of proving by preponderance of evidence that a defendant made a knowing, intelligent, and voluntary waiver of these rights when properly challenged.

• Permits admission of voluntary statements to impeach defendant credibility and allows exceptions recognized through Miranda progeny, including the public safety exception and booking exception.

• Takes effect July 1, 2023.