Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1136 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. 1443 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1136
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia D. Jehlen
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 preventing false confessions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester3/3/2025Adam GomezHampden3/4/2025 1 of 6
16	16	SENATE DOCKET, NO. 1443 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1136
18	18	By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1136) of Patricia D. Jehlen, Joanne
19	19	M. Comerford and Adam Gomez relative to preventing false confessions. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 3922 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act preventing false confessions.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 119 of the General Laws is hereby amended by inserting after
31	31	2section 89 the following sections:
32	32	3 Section 90. Prohibition on use of deception during juvenile interrogations
33	33	4 (a) As used in this section the following words shall, unless the context clearly requires
34	34	5otherwise, have the following meanings:
35	35	6 ”Deception”, communicating, or relaying in any way, false or misleading facts, false or
36	36	7misleading information, false or misleading evidence, unauthorized implicit or explicit offers of
37	37	8leniency or any other circumstance found by a court to mislead the person being questioned. 2 of 6
38	38	9 “Interrogation”, any questioning by law enforcement officers, or persons acting on behalf
39	39	10of a law enforcement officer, in relation to an investigation of a misdemeanor or felony.
40	40	11 “Statement”, an oral assertion, written assertion or nonverbal conduct if intended as an
41	41	12assertion.
42	42	13 (b) Any statement made by a juvenile during an interrogation shall be presumed to be
43	43	14involuntary in any juvenile or criminal court where such statement is offered as evidence if
44	44	15during the interrogation a law enforcement officer, or person acting on behalf of a law
45	45	16enforcement officer, knowingly or recklessly engages in deception. Any such statement and any
46	46	17evidence that flows from that statement shall be presumed inadmissible.
47	47	18 (c) The presumption that a statement, evidence or both, as described in subsection (b), is
48	48	19inadmissible, may be overcome if the commonwealth proves, beyond a reasonable doubt, that the
49	49	20statement was voluntary reliable, and not a byproduct of any deception. A failure to
50	50	21electronically record a statement shall be a factor for the court to consider in determining
51	51	22whether the commonwealth can meet its burden.
52	52	23 (d) Nothing in this section shall abrogate the commonwealth’s burden to prove a
53	53	24statement is voluntary and reliable prior to introducing that statement into evidence.
54	54	25 (e) Subsections (b) through (d), inclusive, shall apply to all statements made on or after
55	55	26the effective date of this statute.
56	56	27 Section 91. Recording of Juvenile Interrogations
57	57	28 (a) As used in this section, the following words shall, unless the context clearly requires
58	58	29otherwise, have the following meanings: 3 of 6
59	59	30 “Interrogation”, any questioning by law enforcement officers, or persons acting on behalf
60	60	31of a law enforcement officer, in relation to an investigation.
61	61	32 “Place of Detention”, a jail, police or sheriff’s station, holding cell, correctional or
62	62	33detention facility or other place where persons are held in connection with delinquency or
63	63	34criminal charges.
64	64	35 “Recording”, an audio and visual that creates an authentic, accurate, unaltered record of
65	65	36what transpired during an interrogation, capturing all parties involved in a custodial
66	66	37interrogation, beginning with any information by law enforcement about the purpose of the
67	67	38questioning or state of the investigation, including law enforcement officer’s recitation of the
68	68	39person’s constitutional rights, and ending when the interview is completed.
69	69	40 (b) All statements made by a person during a custodial interrogation in a place of
70	70	41detention or during protective custody relating to a delinquency proceeding or crime shall be
71	71	42electronically recorded. Failure to electronically record shall make any statement made during
72	72	43such custodial interrogation or any evidence resulting from the statement inadmissible.
73	73	44 (c) All statements made by a person during an interrogation should be recorded when
74	74	45feasible.
75	75	46 (d) The presumption that such statement, as described in subsection (b), is inadmissible,
76	76	47may be overcome if the commonwealth proves that recording was not possible under the
77	77	48circumstances.
78	78	49 (e) Lack of economic resources relative to the implementation of recording shall not be
79	79	50considered grounds to conclude that recording was not possible under section (d). 4 of 6
80	80	51 SECTION 2. Chapter 233 of the General Laws is hereby amended by adding the
81	81	52following section:
82	82	53 Section 84. (a) As used in this section the following words shall, unless the context
83	83	54clearly requires otherwise, have the following meanings:
84	84	55 ”Deception”, communicating, or relaying in any way, false or misleading facts, false or
85	85	56misleading information, false or misleading evidence, unauthorized implicit or explicit offers of
86	86	57leniency or any other circumstance found by a court to mislead the person being questioned.
87	87	58 “Interrogation”, any questioning by law enforcement officers, or persons acting on behalf
88	88	59of a law enforcement officer, in relation to an investigation of a misdemeanor or felony.
89	89	60 “Statement”, an oral assertion, written assertion or nonverbal conduct if intended as an
90	90	61assertion.
91	91	62 (b) Any statement made during an interrogation shall be presumed to be involuntary in
92	92	63any court where such statement is offered as evidence in a criminal proceeding if during the
93	93	64interrogation a law enforcement officer, or person acting on behalf of a law enforcement officer,
94	94	65knowingly or recklessly engages in deception. Any such statement and any evidence that flows
95	95	66from that statement shall be presumed inadmissible.
96	96	67 (c) The presumption that such statement and/or evidence, as described in subsection (b),
97	97	68is inadmissible, may be overcome if the commonwealth proves, beyond a reasonable doubt, that
98	98	69the statement was voluntary, reliable and not a byproduct of any deception. A failure to
99	99	70electronically record a statement shall be a factor for the court to consider in determining
100	100	71whether the commonwealth can meet its burden. 5 of 6
101	101	72 (d) Nothing in this section shall abrogate the commonwealth’s burden to prove a
102	102	73statement is voluntary and reliable prior to introducing that statement into evidence.
103	103	74 (e) Subsections (b) through (d), inclusive, shall apply to all statements made on or after
104	104	75the effective date of this statute.
105	105	76 SECTION 3. Chapter 263 of the General Laws is hereby amended by inserting after
106	106	77section 1A the following section:
107	107	78 Section 1B. (a) As used in this section, the following words shall, unless the context
108	108	79clearly requires otherwise, have the following meanings:
109	109	80 “Interrogation”, any questioning by law enforcement officers, or persons acting on behalf
110	110	81of a law enforcement officer, in relation to an investigation.
111	111	82 “Place of Detention”, a jail, police or sheriff’s station, holding cell, correctional or
112	112	83detention facility or other place where persons are held in connection with criminal charges.
113	113	84 “Recording”, an audio and visual that creates an authentic, accurate, unaltered record of
114	114	85what transpired during an interrogation, capturing all parties involved in a custodial
115	115	86interrogation, beginning with any information by law enforcement about the purpose of the
116	116	87questioning or state of the investigation, including law enforcement officer’s recitation of the
117	117	88person’s constitutional rights, and ending when the interview is completed.
118	118	89 (b) All statements made by a person during a custodial interrogation in a place of
119	119	90detention or during protective custody relating to a crime shall be electronically recorded. Failure
120	120	91to electronically record shall make any statement made during such custodial interrogation or
121	121	92any evidence resulting from the statement inadmissible. 6 of 6
122	122	93 (c) All statements made by a person during an interrogation should be recorded when
123	123	94feasible.
124	124	95 (d) The presumption that such statement, as described in subsection (b), is inadmissible,
125	125	96may be overcome if the commonwealth proves that recording was not possible under the
126	126	97circumstances.
127	127	98 (e) Lack of economic resources relative to the implementation of recording shall not be
128	128	99considered grounds to conclude that recording was not possible under section (d).
129	129	100 SECTION 4. Nothing in this Act shall conflict with or abrogate the rights afforded to a
130	130	101minor child under any other law.
131	131	102 SECTION 5. This act shall take effect as of July 31, 2027, and shall apply to all
132	132	103statements made on or after that effective date.