Bill > H1847

This bill addresses preventing false confessions by establishing new legal protections during interrogations, particularly for juveniles and in criminal proceedings. The bill defines "deception" as communicating false or misleading information, including unauthorized offers of leniency, and introduces requirements for electronic recording of interrogations across different legal contexts. For juvenile interrogations, any statement obtained through deceptive practices will be presumed involuntary and inadmissible in court, with the burden on the commonwealth to prove the statement was voluntary and reliable. Similarly, for adult criminal interrogations, statements made during deceptive questioning will be presumed inadmissible. The bill mandates comprehensive audio and visual recording of custodial interrogations in places of detention, with failure to record rendering statements and related evidence inadmissible. While there are some exceptions that allow for inadmissibility to be overcome if recording was genuinely impossible, economic limitations cannot be used as a justification for not recording. The bill applies to all statements made on or after July 31, 2027, and explicitly ensures that these new provisions do not conflict with existing rights afforded to minors under other laws.

Justice

https://malegislature.gov/Bills/194/H1847