PRINTER'S NO. 1864
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1669
Session of
2021
INTRODUCED BY A. BROWN, KRAJEWSKI, N. NELSON, SCHLOSSBERG,
PARKER, SANCHEZ, LEE AND HOWARD, JUNE 21, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 21, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
providing for prohibition of deceptive juvenile
interrogations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Amending Title 42 (Judiciary and Judicial
Procedure) of the Pennsylvania Consolidated Statutes, is amended
by adding a section to read:
ยง 6343. Prohibition of deceptive juvenile interrogations.
(a) General rule.--A law enforcement officer may not use
deception during a custodial investigation of a minor.
(b) Confession of minor inadmissible.--An oral, written or
sign language confession of a minor, who at the time of the
commission of the offense was under 16 years of age, made as the
result of a custodial interrogation conducted at a police
station or other place of detention on or after the effective
date of this section, shall be presumed to be inadmissible as
evidence against the minor making the confession in a criminal
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
proceeding or a juvenile court proceeding for an act that, if
committed by an adult, would be a misdemeanor offense or felony
offense under Title 18 (crimes and offenses) if, during the
interrogation, a law enforcement officer knowingly engages in
deception. The following shall apply:
(1) The presumption of inadmissibility of a confession
of a minor, who at the time of the commission of the offense
was under 16 years of age, at a custodial interrogation at a
police station or other place of detention, when the
confession is procured through the knowing use of deception,
may be overcome by a preponderance of evidence that the
confession was voluntarily given, based on the totality of
the circumstances.
(2) The burden of going forward with the evidence and
the burden of proving that a confession was voluntary shall
be on the State. Objection to the failure of the State to
call all material witnesses on the issue of whether the
confession was voluntary must be made in the trial court.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Custodial interrogation." Any interrogation during which a
reasonable person in the subject's position would consider
themselves to be in custody and during which a question is asked
that is reasonably likely to elicit an incriminating response.
"Deception." The knowing communication of false facts about
evidence or unauthorized statements regarding leniency by a law
enforcement officer to a subject of custodial interrogation.
"Law enforcement officer." As defined in section 5950(d)
(relating to definitions).
20210HB1669PN1864 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Minor." Any individual under 16 years of age.
"Place of detention." A building or a police station that is
a place of operation for State or municipal police departments
or county sheriff departments or any other law enforcement
agency at which individuals are or may be held in detention in
connection with criminal charges or allegations that those
individuals are delinquent minors.
Section 2. This act shall take effect in 60 days.
20210HB1669PN1864 - 3 -
1
2
3
4
5
6
7
8