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Bill > HB1247
PA HB1247
PA HB1247In rules of evidence, providing for prohibition of deception during custodial interrogation of individual with intellectual disability or autism.
summary
Introduced
04/17/2025
04/17/2025
In Committee
04/17/2025
04/17/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in rules of evidence, providing for prohibition of deception during custodial interrogation of individual with intellectual disability or autism.
AI Summary
This bill amends Pennsylvania law to prohibit law enforcement officers from using deception during custodial interrogations of individuals with intellectual disabilities or autism. Specifically, the bill establishes that any confession obtained through deceptive practices during such an interrogation will be presumed inadmissible in criminal or juvenile court proceedings. However, this presumption can be overcome if the Commonwealth can prove by a preponderance of evidence that the confession was voluntarily given, based on the totality of circumstances. The bill defines key terms such as "custodial interrogation" (a restrained interaction likely to elicit an incriminating response), "deception" (communicating false facts about evidence or unauthorized statements about leniency), and "individual with an intellectual disability or autism" (referencing an existing legal definition). The legislation places the burden of proving the confession's voluntariness on the Commonwealth and requires any objections to witness testimony to be made in the trial court. The bill will take effect 60 days after its passage, aiming to protect vulnerable individuals from potentially coercive interrogation tactics that could lead to false confessions.
Committee Categories
Justice
Sponsors (12)
Liz Hanbidge (D)*,
Johanny Cepeda-Freytiz (D),
José Giral (D),
Carol Hill-Evans (D),
Joe Hohenstein (D),
Kristine Howard (D),
Tarik Khan (D),
Danielle Otten (D),
Ben Sanchez (D),
Mike Schlossberg (D),
Melissa Shusterman (D),
Perry Warren (D),
Last Action
Referred to Judiciary (on 04/17/2025)
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