EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0169*
HOUSE BILL 169
E3, E2 4lr0493
HB 76/23 – JUD (PRE–FILED)
By: Delegate Acevero
Requested: August 14, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Custodial Interrogation of Minors – Admissibility of Statements 2
FOR the purpose of establishing a certain rebuttable presumption that a statement made 3
by a minor during a custodial interrogation is involuntary and is inadmissible in a 4
juvenile or criminal proceeding against the minor under certain circumstances; and 5
generally relating to the admissibility of statements made by children during 6
custodial interrogation. 7
BY adding to 8
Article – Courts and Judicial Proceedings 9
Section 10–925 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2023 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Courts and Judicial Proceedings 15
10–925. 16
(A) IN THIS SECTION , “CUSTODIAL INTERROGAT ION” RETAINS ITS 17
JUDICIALLY DETERMINE D MEANING. 18
(B) (1) THERE IS A REBUTTABLE PRESUMPTION THAT A S TATEMENT 19
MADE BY A MINOR DURI NG A CUSTODIAL INTER ROGATION IS INVOLUNT ARY AND IS 20
INADMISSIBLE IN A JU VENILE OR CRIMINAL P ROCEEDING AGAINST TH E MINOR IF 21
THE LAW ENFORCEMENT OFFICER INTENTIONALL Y USED INFORMATION K NOWN BY 22
THE OFFICER TO BE FA LSE IN ORDER TO ELIC IT THE STATEMENT . 23 2 HOUSE BILL 169
(2) THE PRESUMPTION DESCR IBED IN PARAGRAPH (1) OF THIS 1
SUBSECTION MAY BE RE BUTTED BY CLEAR AND CONVINCING EVIDENCE THAT THE 2
STATEMENT WAS VOLUNT ARY AND NOT MADE IN RESPONSE TO THE FALS E 3
INFORMATION USED BY THE LAW ENFORCEMENT OFFICER TO ELICIT TH E 4
STATEMENT. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2024. 7