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).
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