Florida 2023 Regular Session

Florida House Bill H1451 Compare Versions

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

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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 custodial interrogations of minors; 2
16	16	creating s. 900.06, F.S.; defining terms; providing a 3
17	17	presumption of inadmissibility for confessions of 4
18	18	certain minors which are made as a result of a 5
19	19	custodial interrogation at a place of detention if 6
20	20	deceptive tactics are used; specifying circumstances 7
21	21	under which the presumption may be overcome; providing 8
22	22	that the state attorney has the burden of proving that 9
23	23	such confessions were voluntary; requiring that 10
24	24	certain objections be made in the trial court; 11
25	25	providing an effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. Section 900.06, Florida Statutes, is created to 16
30	30	read: 17
31	31	900.06 Deceptive tactics during custodial interrogations 18
32	32	of minors prohibited; presumption of inadmissibility. — 19
33	33	(1) As used in this section, the term: 20
34	34	(a) "Custodial interrogation" means questioning or other 21
35	35	conduct by a law enforcement officer which is reasonably likely 22
36	36	to elicit an incriminating response from an individual and which 23
37	37	occurs under circumstances in which a reasonable individual in 24
38	38	the same circumstances would consider himself or herself to be 25
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51	51	in the custody of a law enforcement a gency. 26
52	52	(b) "Deception" means the knowing communication by a law 27
53	53	enforcement officer to a subject of a custodial interrogation 28
54	54	which includes false facts about evidence or unauthorized 29
55	55	statements regarding leniency. 30
56	56	(c) "Place of detention" means a poli ce station, sheriff's 31
57	57	office, correctional facility, prisoner holding facility, county 32
58	58	detention facility, or other governmental facility where a minor 33
59	59	may be held in connection with a criminal charge or a petition 34
60	60	for delinquency that has been or may be f iled against the minor. 35
61	61	(2) An oral, written, or sign language confession of an 36
62	62	individual who was younger than 18 years of age at the time of 37
63	63	the commission of the offense, which confession is made as a 38
64	64	result of a custodial interrogation conducted at a place of 39
65	65	detention, is presumed to be inadmissible as evidence against 40
66	66	the minor making the confession in any criminal proceeding or 41
67	67	any juvenile court proceeding if, during the custodial 42
68	68	interrogation, a law enforcement officer engages in deception. 43
69	69	(3) The presumption of inadmissibility of a confession 44
70	70	under subsection (2) may be overcome by a preponderance of the 45
71	71	evidence that the confession was voluntarily given, based on the 46
72	72	totality of the circumstances. 47
73	73	(4) The state attorney has the burden of p roving that a 48
74	74	confession was voluntary. Any objection to the failure of the 49
75	75	state to call all material witnesses on the issue of whether the 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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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	confession was voluntary must be made in the trial court. 51
89	89	Section 2. This act shall take effect July 1, 2023. 52