EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0165*
HOUSE BILL 165
E3, E2 5lr0846
HB 169/24 – JUD (PRE–FILED)
By: Delegate Acevero
Requested: September 17, 2024
Introduced and read first time: January 8, 2025
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 10–926 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2024 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
10–926. 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 INVOLUNTARY 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 165
(2) THE PRESUMPTION DESCR IBED IN PARA GRAPH (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 ENA CTED, That this Act shall take effect 6
October 1, 2025. 7