Missouri 2023 Regular Session

Missouri House Bill HB792

Introduced
1/17/23  

Caption

Provides that a confession of a child is inadmissible as evidence if the confession was obtained through deception

Impact

If enacted, HB 792 would significantly amend Chapter 211 of the Missouri Revised Statutes, introducing a new section that clarifies the definitions of custodial interrogation and deception. The bill sets a precedent in the state for handling juvenile confessions, meaning that confessions elicited under deceptive circumstances will not be used against minors in court. This change not only aims to protect vulnerable youth but also reflects a growing recognition of the psychological impacts of interrogation techniques on minors. Consequently, law enforcement agencies may need to adjust their interrogation procedures to comply with the new law, thereby promoting more ethical practices.

Summary

House Bill 792 aims to enhance protections for children during custodial interrogations by establishing that any confession obtained through deceptive practices is inadmissible as evidence in court. This legislation specifically targets confessions from individuals under the age of eighteen, emphasizing the need to safeguard minors from potential coercive tactics that could lead to false confessions. By prohibiting the use of any evidence derived from such deceptive interrogations, the bill seeks to uphold the integrity of the juvenile justice system and ensure fair treatment for young offenders.

Sentiment

The sentiment surrounding HB 792 appears to be largely supportive among advocates for children's rights and juvenile justice reform. Proponents argue that the bill is a necessary step to prevent wrongful convictions resulting from unreliable confessions obtained under pressure. This positive sentiment is juxtaposed with concerns from some law enforcement entities who worry about the implications the bill might have on their ability to gather evidence effectively during investigations involving minors. The ongoing discussions highlight a significant community interest in ensuring that justice is served without compromising the rights and welfare of children.

Contention

Notable points of contention include potential pushback from law enforcement agencies that may feel hampered by the restrictions placed on interrogation methods. Critics may argue that while the bill aims to protect minors, it could simultaneously hinder the ability to solve serious crimes or gather crucial information. This ongoing debate brings to light the broader conversation on balancing the rights of the accused, especially minors, with the need for effective law enforcement practices.

Companion Bills

No companion bills found.

Previously Filed As

MO HB451

Provides that a confession of a child is inadmissible as evidence if the confession was obtained through deception

MO HB2330

Provides that a confession of a child is inadmissible as evidence if the confession was obtained through deception

MO HB2126

Provides that a confession of a child is inadmissible as evidence if the confession was obtained through deception

MO S1136

Preventing false confessions

MO H1847

Preventing false confessions

MO H3922

Preventing false confessions

MO HB2636

Duty to report; penitent confessions

MO HB2016

Duty to report; penitent confessions

MO HB4316

Children; vaccination status; inadmissible evidence; effective date.

MO HB938

Relating to the admissibility of certain confessions in capital cases.

Similar Bills

No similar bills found.