Enacts provisions relating to law enforcement custodial interviews
Referred: Emerging Issues(H)
Summary
The bill creates a legal presumption that any statement taken from a person under arrest during a custodial interview is involuntary if a peace officer knowingly uses false information to obtain it. To overturn that presumption, the state must prove by clear and convincing evidence that the statement was truly voluntary and not the result of the false information. Officers who intentionally use false information would face disciplinary action under existing police discipline rules.
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