Bill > S1065

This bill introduces two new sections to Massachusetts law (Chapter 119) focused on protecting juveniles during custodial interrogations by establishing strict rules about deception and recording. The first section prohibits law enforcement from using deception during juvenile interrogations, defining deception as communicating false or misleading facts, evidence, or unauthorized offers of leniency. Any statement made by a juvenile during an interrogation where deception is used will be presumed involuntary and inadmissible in court, with any subsequent evidence derived from such a statement also being considered tainted. The second section mandates audiovisual recording of all juvenile custodial interrogations conducted in places of detention, such as police stations or holding cells. If a complete, unaltered recording is not made, any statement or evidence from the interrogation will be inadmissible in court, with very limited exceptions. The only way the prosecution can overcome this presumption of inadmissibility is by proving beyond a reasonable doubt (for deception) or by clear and convincing evidence (for lack of recording) that the statement was truly voluntary and that recording was not reasonably possible. Notably, the bill explicitly states that lack of economic resources cannot be used as a justification for failing to record an interrogation.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1065