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SENATE DOCKET, NO. 1443 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1136
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Patricia D. Jehlen
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act preventing false confessions.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester3/3/2025Adam GomezHampden3/4/2025 1 of 6
SENATE DOCKET, NO. 1443 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1136
By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1136) of Patricia D. Jehlen, Joanne
M. Comerford and Adam Gomez relative to preventing false confessions. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3922 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act preventing false confessions.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 119 of the General Laws is hereby amended by inserting after
2section 89 the following sections:
3 Section 90. Prohibition on use of deception during juvenile interrogations
4 (a) As used in this section the following words shall, unless the context clearly requires
5otherwise, have the following meanings:
6 ”Deception”, communicating, or relaying in any way, false or misleading facts, false or
7misleading information, false or misleading evidence, unauthorized implicit or explicit offers of
8leniency or any other circumstance found by a court to mislead the person being questioned. 2 of 6
9 “Interrogation”, any questioning by law enforcement officers, or persons acting on behalf
10of a law enforcement officer, in relation to an investigation of a misdemeanor or felony.
11 “Statement”, an oral assertion, written assertion or nonverbal conduct if intended as an
12assertion.
13 (b) Any statement made by a juvenile during an interrogation shall be presumed to be
14involuntary in any juvenile or criminal court where such statement is offered as evidence if
15during the interrogation a law enforcement officer, or person acting on behalf of a law
16enforcement officer, knowingly or recklessly engages in deception. Any such statement and any
17evidence that flows from that statement shall be presumed inadmissible.
18 (c) The presumption that a statement, evidence or both, as described in subsection (b), is
19inadmissible, may be overcome if the commonwealth proves, beyond a reasonable doubt, that the
20statement was voluntary reliable, and not a byproduct of any deception. A failure to
21electronically record a statement shall be a factor for the court to consider in determining
22whether the commonwealth can meet its burden.
23 (d) Nothing in this section shall abrogate the commonwealth’s burden to prove a
24statement is voluntary and reliable prior to introducing that statement into evidence.
25 (e) Subsections (b) through (d), inclusive, shall apply to all statements made on or after
26the effective date of this statute.
27 Section 91. Recording of Juvenile Interrogations
28 (a) As used in this section, the following words shall, unless the context clearly requires
29otherwise, have the following meanings: 3 of 6
30 “Interrogation”, any questioning by law enforcement officers, or persons acting on behalf
31of a law enforcement officer, in relation to an investigation.
32 “Place of Detention”, a jail, police or sheriff’s station, holding cell, correctional or
33detention facility or other place where persons are held in connection with delinquency or
34criminal charges.
35 “Recording”, an audio and visual that creates an authentic, accurate, unaltered record of
36what transpired during an interrogation, capturing all parties involved in a custodial
37interrogation, beginning with any information by law enforcement about the purpose of the
38questioning or state of the investigation, including law enforcement officer’s recitation of the
39person’s constitutional rights, and ending when the interview is completed.
40 (b) All statements made by a person during a custodial interrogation in a place of
41detention or during protective custody relating to a delinquency proceeding or crime shall be
42electronically recorded. Failure to electronically record shall make any statement made during
43such custodial interrogation or any evidence resulting from the statement inadmissible.
44 (c) All statements made by a person during an interrogation should be recorded when
45feasible.
46 (d) The presumption that such statement, as described in subsection (b), is inadmissible,
47may be overcome if the commonwealth proves that recording was not possible under the
48circumstances.
49 (e) Lack of economic resources relative to the implementation of recording shall not be
50considered grounds to conclude that recording was not possible under section (d). 4 of 6
51 SECTION 2. Chapter 233 of the General Laws is hereby amended by adding the
52following section:
53 Section 84. (a) As used in this section the following words shall, unless the context
54clearly requires otherwise, have the following meanings:
55 ”Deception”, communicating, or relaying in any way, false or misleading facts, false or
56misleading information, false or misleading evidence, unauthorized implicit or explicit offers of
57leniency or any other circumstance found by a court to mislead the person being questioned.
58 “Interrogation”, any questioning by law enforcement officers, or persons acting on behalf
59of a law enforcement officer, in relation to an investigation of a misdemeanor or felony.
60 “Statement”, an oral assertion, written assertion or nonverbal conduct if intended as an
61assertion.
62 (b) Any statement made during an interrogation shall be presumed to be involuntary in
63any court where such statement is offered as evidence in a criminal proceeding if during the
64interrogation a law enforcement officer, or person acting on behalf of a law enforcement officer,
65knowingly or recklessly engages in deception. Any such statement and any evidence that flows
66from that statement shall be presumed inadmissible.
67 (c) The presumption that such statement and/or evidence, as described in subsection (b),
68is inadmissible, may be overcome if the commonwealth proves, beyond a reasonable doubt, that
69the statement was voluntary, reliable and not a byproduct of any deception. A failure to
70electronically record a statement shall be a factor for the court to consider in determining
71whether the commonwealth can meet its burden. 5 of 6
72 (d) Nothing in this section shall abrogate the commonwealth’s burden to prove a
73statement is voluntary and reliable prior to introducing that statement into evidence.
74 (e) Subsections (b) through (d), inclusive, shall apply to all statements made on or after
75the effective date of this statute.
76 SECTION 3. Chapter 263 of the General Laws is hereby amended by inserting after
77section 1A the following section:
78 Section 1B. (a) As used in this section, the following words shall, unless the context
79clearly requires otherwise, have the following meanings:
80 “Interrogation”, any questioning by law enforcement officers, or persons acting on behalf
81of a law enforcement officer, in relation to an investigation.
82 “Place of Detention”, a jail, police or sheriff’s station, holding cell, correctional or
83detention facility or other place where persons are held in connection with criminal charges.
84 “Recording”, an audio and visual that creates an authentic, accurate, unaltered record of
85what transpired during an interrogation, capturing all parties involved in a custodial
86interrogation, beginning with any information by law enforcement about the purpose of the
87questioning or state of the investigation, including law enforcement officer’s recitation of the
88person’s constitutional rights, and ending when the interview is completed.
89 (b) All statements made by a person during a custodial interrogation in a place of
90detention or during protective custody relating to a crime shall be electronically recorded. Failure
91to electronically record shall make any statement made during such custodial interrogation or
92any evidence resulting from the statement inadmissible. 6 of 6
93 (c) All statements made by a person during an interrogation should be recorded when
94feasible.
95 (d) The presumption that such statement, as described in subsection (b), is inadmissible,
96may be overcome if the commonwealth proves that recording was not possible under the
97circumstances.
98 (e) Lack of economic resources relative to the implementation of recording shall not be
99considered grounds to conclude that recording was not possible under section (d).
100 SECTION 4. Nothing in this Act shall conflict with or abrogate the rights afforded to a
101minor child under any other law.
102 SECTION 5. This act shall take effect as of July 31, 2027, and shall apply to all
103statements made on or after that effective date.