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PA HB1247

PA HB1247
In rules of evidence, providing for prohibition of deception during custodial interrogation of individual with intellectual disability or autism.


summary

Introduced
04/17/2025
In Committee
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)

Last Action

Referred to Judiciary (on 04/17/2025)

bill text


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