Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0736 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0736
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7	7	LC001047
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
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13	13
14	14	A N A C T
15	15	RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
16	16	FAMILY COURT
17	17	Introduced By: Senators Bissaillon, Acosta, and Burke
18	18	Date Introduced: March 07, 2025
19	19	Referred To: Senate Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is 1
24	24	hereby amended by adding thereto the following section: 2
25	25	14-1-30.3. Use of statements made by juvenile in custodial interrogation. 3
26	26	(a) A peace officer, as defined in § 12-7-21, or a school resource officer (SRO) as defined 4
27	27	in 16-7.2-6, shall not employ threats, physical harm, deprivation, deception, coercion, or 5
28	28	psychologically manipulative interrogation tactics during the custodial interrogation of a juvenile. 6
29	29	(b) As used in this section, the following terms shall have the following meanings: 7
30	30	(1) "Coercion" means, but is not limited to, the disclosure of facts pertaining to a crime or 8
31	31	crimes that were not previously articulated by the person interrogated. 9
32	32	(2) "Deception" means, but is not limited to, the knowing communication of false facts 10
33	33	about evidence, misrepresenting the accuracy of the facts or false statements regarding leniency. 11
34	34	(3) "Deprivation" means the withholding of physical or mental health needs, including, but 12
35	35	not limited to, food, drink, sleep, use of the restroom, or prescribed medications from the person 13
36	36	being interrogated. 14
37	37	(4) "Psychologically manipulative interrogation tactics" means, but is not limited, to the 15
38	38	following: 16
39	39	(i) Maximization and minimization and other interrogation techniques that rely on a 17
40	40	presumption of guilt or deceit; 18
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44	44	(A) Maximization includes techniques to scare or intimidate the person by repetitively 1
45	45	asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or 2
46	46	the strength of the evidence, including suggesting the existence of evidence that does not exist; 3
47	47	(B) Minimization involves minimizing the moral seriousness of the offense, a technique 4
48	48	that falsely communicates that the conduct is justified, excusable, or accidental: 5
49	49	(ii) Making direct or indirect promises of leniency, such as indicating the person will be 6
50	50	released from custody if the person cooperates; 7
51	51	(iii) Employing the "false" or "forced" choice strategy, where the person is encouraged to 8
52	52	select one of two (2) options, both incriminatory, but one is characterized as morally or legally 9
53	53	justified or excusable; and 10
54	54	(iv) Employing undue pressure that impairs the person's physical or mental condition to 11
55	55	the extent of undermining the ability to decide whether or not to make a statement. 12
56	56	(5) "Threats" means, but is not limited to, using or threatening the arrest or incrimination 13
57	57	of another person, or using or threatening the use of enhanced penalties against the person being 14
58	58	interrogated or against another person. 15
59	59	(c) A statement obtained through or utilizing any of the tactics referenced in subsections 16
60	60	(a) and (b) of this section shall not form the basis of any further investigative activities. Any 17
61	61	evidence that is obtained by or flows from the statements of the juvenile shall be considered tainted 18
62	62	and shall be presumed inadmissible as evidence against the juvenile making the statement in any 19
63	63	criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would 20
64	64	be a misdemeanor or a felony offense as those terms are defined in § 11-1-2. 21
65	65	(d) The presumption of inadmissibility of a statement of a juvenile as outlined in subsection 22
66	66	(c) of this section, may be overcome if proven beyond a reasonable doubt that the confession or 23
67	67	incriminating statements were given free from any of the tactics described in subsections (a) and 24
68	68	(b) of this section, based on the totality of the circumstances. The burden of going forward with the 25
69	69	evidence and the burden of proving that a statement was given voluntarily and free from any of the 26
70	70	tactics prohibited by this section shall be on the state. Objection to the failure of the state to call 27
71	71	all or any material witnesses on the issue of whether the confession or statements were voluntary 28
72	72	shall be made in the trial court. 29
73	73	(e) Nothing in this section shall abrogate the state's burden to prove a statement of a 30
74	74	juvenile was given voluntarily and free from any of the tactics referenced in subsections (a) and (b) 31
75	75	of this section, prior to introducing those statements or confession into evidence. 32
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79	79	SECTION 2. This act shall take effect upon passage. 1
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86	86	EXPLANATION
87	87	BY THE LEGISLATIVE COUNCIL
88	88	OF
89	89	A N A C T
90	90	RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
91	91	FAMILY COURT
92	92	***
93	93	This act would prohibit a peace officer, as defined in § 12-7-21, or a school resource officer 1
94	94	(SRO) from employing threats, physical harm, deprivation, deception, coercion, or psychologically 2
95	95	manipulative interrogation tactics during the custodial interrogation of a juvenile. 3
96	96	This act would take effect upon passage. 4
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