An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in rules of evidence, providing for prohibition of deception during custodial interrogation of individual with intellectual disability or autism.

PRINTER'S NO. 1396
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1247
Session of
2025
INTRODUCED BY HANBIDGE, GIRAL, CEPEDA-FREYTIZ, HILL-EVANS, KHAN,
OTTEN, HOWARD, SANCHEZ, HOHENSTEIN, SHUSTERMAN, SCHLOSSBERG
AND WARREN, APRIL 17, 2025
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 17, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in rules of evidence,
providing for prohibition of deception during custodial
interrogation of individual with intellectual disability or
autism.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6145. Prohibition of deception during custodial interrogation
of individual with intellectual disability or autism.
(a) Prohibition.--A law enforcement officer may not use
deception during a custodial interrogation of an individual with
an intellectual disability or autism.
(b) Confession inadmissible.--An oral, a written or a sign
language confession of an individual with an intellectual
disability or autism made as the result of a custodial
interrogation conducted at a police station or other place of
detention on or after the effective date of this section shall
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be presumed to be inadmissible as evidence against the
individual making the confession in a criminal proceeding or a
juvenile court proceeding for an act that, if committed by an
adult, would be a misdemeanor offense or felony offense under 18
Pa.C.S. (relating to crimes and offenses) if, during the
custodial interrogation, a law enforcement officer knowingly
engages in deception. The following apply:
(1) The presumption of inadmissibility of the confession
may be overcome by a preponderance of the evidence that the
confession was voluntarily given, based on the totality of
the circumstances.
(2) The burden of going forward with the evidence and
the burden of proving that the confession was voluntary shall
be on the Commonwealth.
(3) An objection to the failure of the Commonwealth to
call all material witnesses on the issue of whether the
confession was voluntary must be made in the trial court.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Adult." An individual who is 18 years of age or older.
"Custodial interrogation." An interrogation of an individual
during which:
(1) the freedom of movement of the individual is
restrained by a law enforcement officer, even if the
individual is not under arrest, as determined by a reasonable
person under similar circumstances; and
(2) a question is asked that is reasonably likely to
elicit an incriminating response from the individual.
"Deception." The knowing communication of false facts about
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evidence or unauthorized statements regarding leniency by a law
enforcement officer to an individual subject to custodial
interrogation.
"Individual with an intellectual disability or autism." As
defined in section 5992 (relating to definitions).
"Law enforcement officer." As defined in section 5950(d)
(relating to confidential communications involving law
enforcement officers).
"Minor." An individual who is under 18 years of age.
"Place of detention." A building or police station that is a
place of operation for a State or municipal police department,
county sheriff department or any other law enforcement agency at
which individuals are or may be held in detention in connection
with criminal charges or allegations that those individuals are
delinquent minors.
Section 2. This act shall take effect in 60 days.
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