Minors; prohibition of deceptive tactics during custodial interrogation. (SB746)

Introduced By

Sen. Scott Surovell (D-Mount Vernon) with support from co-patron Del. Cia Price (D-Newport News)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Prohibition of deceptive tactics during the custodial interrogation of a minor. Provides that any communication made by a minor as a result of a custodial interrogation on or after July 1, 2022, shall be presumed to be inadmissible as evidence against such minor making such communication in any adjudication of delinquency or criminal proceeding for an act that if committed by an adult would be a criminal offense if, during the custodial interrogation, a law-enforcement officer knowingly engages in deception, as defined in the bill. The bill provides that the presumption of inadmissibility for such communication may be overcome if the communication was voluntarily given. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/21/2022Presented and ordered printed 22100071D
01/21/2022Referred to Committee on the Judiciary
02/14/2022Senate committee, floor amendments and substitutes offered
02/14/2022Reported from Judiciary with substitute (9-Y 6-N) (see vote tally)
02/14/2022Committee substitute printed 22106605D-S1
02/15/2022Read second time
02/15/2022Reading of substitute waived
02/15/2022Committee substitute agreed to 22106605D-S1
02/15/2022Engrossed by Senate - committee substitute SB746S1
02/15/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/15/2022Passed Senate (26-Y 14-N) (see vote tally)
02/22/2022Placed on Calendar
02/22/2022Read first time
02/22/2022Referred to Committee for Courts of Justice
02/27/2022Assigned Courts sub: Subcommittee #1
02/28/2022Subcommittee recommends passing by indefinitely (5-Y 3-N)
03/08/2022Left in Courts of Justice

Comments

ChangeServant, tracking this bill in Photosynthesis, notes:

SUPPORT. Bans lying to minors by police when they are being interrogated while in custody.

MRWBA Legislative Committee, tracking this bill in Photosynthesis, notes:

If passed, any confession of a minor, made as a result of a custodial interrogation conducted at a place of detention would be presumed inadmissible, if law enforcement knowingly engaged in deception during the custodial interrogation. The presumption of inadmissibility may be overcome if confession was voluntarily given.