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SECOND REGULAR SESSION
HOUSE BILL NO. 2789
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE ANDERSON.
6128H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 590, RSMo, by adding thereto one new section relating to law enforcement
custodial interviews.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 590, RSMo, is amended by adding thereto one new section, to be
2 known as section 590.702, to read as follows:
590.702. 1. Notwithstanding any other provi sion of law , a statement made by a
2 person under arr est during a custodial interrog ation, as defined in section 590.700, is
3 pr esumed to be involuntary if the court determines that the peace officer conducting the
4 interview intentionally used information known by the officer to be false to elicit the
5 statement. This pr esumption may be over come if the state prov es by clear and
6 convincing evidence that the statement was voluntary and not made in res ponse to the
7 false information used by the peace officer to elicit the statement.
8 2. Any peace officer intentionally using information known by the officer to be
9 false during a custodial interroga tion shall be subject to disciplinary action under
10 chapter 590.
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EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.