Florida 2022 Regular Session

Florida House Bill H0109 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 109 2022
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6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0109-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to prohibiting deception in 2
16	16	interrogations of minors; creating s. 985.0302, F.S.; 3
17	17	providing definitions; creating a presumption that a 4
18	18	confession of a minor during a custodial interrogation 5
19	19	is inadmissible in certain proceedings if a law 6
20	20	enforcement officer knowingly engaged in deception; 7
21	21	providing for a rebuttal of the presumption in certain 8
22	22	circumstances; specifying the burden of proof to 9
23	23	overcome such a presumption; providing an effective 10
24	24	date. 11
25	25	12
26	26	Be It Enacted by the Legislature of the State of Florida: 13
27	27	14
28	28	Section 1. Section 985.0302, Florida Statutes, is created 15
29	29	to read: 16
30	30	985.0302 Prohibition of deceptive tactics. — 17
31	31	(1) As used in this section, the term: 18
32	32	(a) "Custodial interrogation" means any interrogation 19
33	33	during which a reasonable person in the subject's position would 20
34	34	consider himself or herself to be in custody and during which a 21
35	35	question is asked that is reasonably likely to elicit an 22
36	36	incriminating response. 23
37	37	(b) "Deception" means the knowing communication of false 24
38	38	facts about evidence or unauthorized statements regarding 25
39	39
40	40	HB 109 2022
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0109-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	leniency by a law enforcement officer to a subject of custodial 26
52	52	interrogation. 27
53	53	(c) "Place of detenti on" means a police station or other 28
54	54	building that is a place of operation for a police department, 29
55	55	county sheriff department, or other law enforcement agency at 30
56	56	which persons are or may be held in detention in connection with 31
57	57	criminal charges against those persons or allegations that those 32
58	58	persons are delinquent minors. 33
59	59	(2) An oral, written, or sign language confession of a 34
60	60	minor, who at the time of the commission of the offense was 35
61	61	under 18 years of age, made as a result of a custodial 36
62	62	interrogation conducted at a place of detention on or after July 37
63	63	1, 2022, shall be presumed to be inadmissible as evidence 38
64	64	against the minor making the confession in a criminal proceeding 39
65	65	or a juvenile court proceeding for an act that if committed by 40
66	66	an adult would be a mis demeanor or felony offense if, during the 41
67	67	custodial interrogation, a law enforcement officer knowingly 42
68	68	engages in deception. 43
69	69	(3) The presumption of inadmissibility of a confession of 44
70	70	a minor, who at the time of the commission of the offense was 45
71	71	under 18 years of age, at a custodial interrogation at a place 46
72	72	of detention, when such confession is procured through the 47
73	73	knowing use of deception, may be overcome by a preponderance of 48
74	74	the evidence that the confession was voluntary, based on the 49
75	75	totality of the circumstances. 50
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77	77	HB 109 2022
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0109-00
83	83	Page 3 of 3
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(4) The burden of going forward with the evidence and the 51
89	89	burden of proving that a confession was voluntary shall be on 52
90	90	the state. Objection to the failure of the state to call all 53
91	91	material witnesses on the issue of whether the confession wa s 54
92	92	voluntary must be made in the trial court. 55
93	93	Section 2. This act shall take effect July 1, 2022. 56