PRINTER'S NO. 2106
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1860
Session of
2021
INTRODUCED BY CRUZ, HANBIDGE, KINSEY, MADDEN AND BROOKS,
SEPTEMBER 14, 2021
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 14, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in rules of evidence,
providing for deceptive interrogation practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6113. Deceptive interrogation practices.
(a) Inadmissibility of evidence.--Any oral, written or sign
language confession or statement which is made as a result of a
custodial interrogation conducted by a law enforcement officer
at a place of detention shall be presumed inadmissible as
evidence in a criminal proceeding against a defendant who made
the confession or statement if, during the custodial
interrogation, the law enforcement officer knowingly engaged in
deception in obtaining the confession or statement.
(b) Rebutting inadmissibility.--
(1) The presumption of inadmissibility of a confession
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or statement under subsection (a) may be rebutted by a
preponderance of the evidence if, based on the totality of
the circumstances, all of the following apply:
(i) The confession or statement was voluntarily
given by the defendant.
(ii) The confession or statement would have
otherwise been provided to the law enforcement officer if
the confession or statement had not been obtained through
deceptive practices.
(2) The burden of rebutting the presumption of
inadmissibility of a confession or statement under subsection
(a) shall be on the Commonwealth.
(c) Appeals.--The Commonwealth must rebut the presumption of
inadmissibility of a confession or statement under subsection
(a) during a preliminary hearing and before trial. Failure to
seek a rebuttal under this subsection shall bar the issue from
being raised on appeal.
(d) 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." An interrogation during which:
(1) a reasonable person would believe to be in custody;
and
(2) a question is asked that is reasonably likely to
elicit an incriminating response.
" Deception." The knowing communication of a false fact about
evidence or an unauthorized statement regarding leniency made to
a respondent by a law enforcement officer for the purpose of
eliciting an incriminating response from the respondent.
"Law enforcement officer." As defined in section 5950(d)
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(relating to confidential communications involving law
enforcement officers ).
"Place of detention." A building or police station that is a
place of operation for a law enforcement officer where a person
may be held in detention in connection with a criminal charge or
an allegation that the person is a delinquent child as defined
in section 6302 (relating to definitions).
Section 2. This act shall take effect in 60 days.
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