Bill > H1979

This bill establishes two significant protections for juveniles during law enforcement interrogations: first, it prohibits law enforcement from using deception during custodial interrogations, making any statement obtained through deceptive tactics presumptively inadmissible in court. Deception is broadly defined as communicating false or misleading facts, information, evidence, or unauthorized offers of leniency. The bill requires that any statement made by a juvenile during a custodial interrogation be considered involuntary if deception was used, and any evidence derived from such a statement would also be inadmissible. Additionally, the bill mandates audiovisual recording of all juvenile interrogations conducted in places of detention, such as police stations or holding cells. If a recording is not made, any statement or evidence from the interrogation would be inadmissible, with narrow exceptions for situations where recording was not reasonably possible. The Commonwealth must prove beyond a reasonable doubt that a statement was voluntary and not obtained through deception, and the lack of economic resources cannot be used as an excuse for failing to record an interrogation. These provisions aim to protect juveniles from potentially coercive interrogation tactics and ensure more transparent and fair legal proceedings.

Justice

https://malegislature.gov/Bills/194/H1979