Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S954 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1644 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 954
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act ensuring integrity in juvenile interrogations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkAdam GomezHampden2/24/2023 1 of 2
16	16	SENATE DOCKET, NO. 1644 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 954
18	18	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 954) of Sal N. DiDomenico
19	19	and Adam Gomez for legislation to ensure integrity in juvenile interrogations. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act ensuring integrity in juvenile interrogations.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby
29	29	2amended by inserting after section 89 the following section:
30	30	3 Section 90. Prohibition on use of deception during juvenile custodial interrogations
31	31	4 Section 90. (a) As used in this section, the following words shall have the following
32	32	5meanings:
33	33	6 i. “Statement” means a juvenile’s oral assertion, written assertion, or nonverbal conduct if
34	34	7intended as an assertion.
35	35	8 ii. “Juvenile” shall have the same meaning as set forth in G.L. ch. 119, section 89.
36	36	9 iii. “Deception” means communicating, or relaying in any way, false or misleading facts,
37	37	10false or misleading information, false or misleading evidence, or unauthorized implicit or explicit
38	38	11offers of leniency. 2 of 2
39	39	12 iv. “Custodial Interrogation” means any questioning by law enforcement officers, or
40	40	13persons acting on behalf of a law enforcement officers, in relation to an investigation, under
41	41	14circumstances where a reasonable juvenile would consider themselves to be in custody, and that
42	42	15questioning is likely to elicit an incriminating response.
43	43	16 (b)A statement made by a juvenile during a custodial interrogation shall be presumed to
44	44	17be involuntary, and therefore inadmissible in any court where such statement is offered as
45	45	18evidence, if during the custodial interrogation a law enforcement officer, or person acting on
46	46	19behalf of a law enforcement officer, knowingly engages in deception.
47	47	20 A statement that is involuntary, as described in the above paragraph, shall not form the
48	48	21basis of any further investigative activities; any evidence that flows from that statement shall be
49	49	22considered tainted by such deception, and shall be inadmissible as such.
50	50	23 (c)The presumption that such statement, as described in subsection (b), is inadmissible,
51	51	24may be overcome if the Commonwealth proves, beyond a reasonable doubt, that the statement
52	52	25was voluntary and not made due to any deception.
53	53	26 (d) Nothing in this section shall abrogate the Commonwealth’s burden to prove a
54	54	27statement is voluntary prior to introducing that statement into evidence.
55	55	28 (e)Subsection (b) shall apply to all statements, as described in subsection (b), made on or
56	56	29after the effective date of this statute.