HB 1247 — 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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in rules of evidence,
 3      providing for prohibition of deception during custodial
 4      interrogation of individual with intellectual disability or
 5      autism.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 42 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a section to read:
10   § 6145.   Prohibition of deception during custodial interrogation
11                of individual with intellectual disability or autism.
12      (a)    Prohibition.--A law enforcement officer may not use
13   deception during a custodial interrogation of an individual with
14   an intellectual disability or autism.
15      (b)    Confession inadmissible.--An oral, a written or a sign
16   language confession of an individual with an intellectual
17   disability or autism made as the result of a custodial
18   interrogation conducted at a police station or other place of
19   detention on or after the effective date of this section shall
 1   be presumed to be inadmissible as evidence against the
 2   individual making the confession in a criminal proceeding or a
 3   juvenile court proceeding for an act that, if committed by an
 4   adult, would be a misdemeanor offense or felony offense under 18
 5   Pa.C.S. (relating to crimes and offenses) if, during the
 6   custodial interrogation, a law enforcement officer knowingly
 7   engages in deception. The following apply:
 8            (1)   The presumption of inadmissibility of the confession
 9      may be overcome by a preponderance of the evidence that the
10      confession was voluntarily given, based on the totality of
11      the circumstances.
12            (2)   The burden of going forward with the evidence and
13      the burden of proving that the confession was voluntary shall
14      be on the Commonwealth.
15            (3)   An objection to the failure of the Commonwealth to
16      call all material witnesses on the issue of whether the
17      confession was voluntary must be made in the trial court.
18      (c)   Definitions.--As used in this section, the following
19   words and phrases shall have the meanings given to them in this
20   subsection unless the context clearly indicates otherwise:
21      "Adult."     An individual who is 18 years of age or older.
22      "Custodial interrogation."     An interrogation of an individual
23   during which:
24            (1)   the freedom of movement of the individual is
25      restrained by a law enforcement officer, even if the
26      individual is not under arrest, as determined by a reasonable
27      person under similar circumstances; and
28            (2)   a question is asked that is reasonably likely to
29      elicit an incriminating response from the individual.
30      "Deception."     The knowing communication of false facts about

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 1   evidence or unauthorized statements regarding leniency by a law
 2   enforcement officer to an individual subject to custodial
 3   interrogation.
 4      "Individual with an intellectual disability or autism."    As
 5   defined in section 5992 (relating to definitions).
 6      "Law enforcement officer."    As defined in section 5950(d)
 7   (relating to confidential communications involving law
 8   enforcement officers).
 9      "Minor."   An individual who is under 18 years of age.
10      "Place of detention."    A building or police station that is a
11   place of operation for a State or municipal police department,
12   county sheriff department or any other law enforcement agency at
13   which individuals are or may be held in detention in connection
14   with criminal charges or allegations that those individuals are
15   delinquent minors.
16      Section 2.    This act shall take effect in 60 days.




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