Legislation · General Assembly 151

HA 1 to HB 419

Synopsis

This Amendment clarifies the definition of deception. This Amendment further clarifies that a statement obtained using deceptive tactics during a custodial interrogation of a minor is inadmissible in any criminal or delinquency court proceeding, unless the state can prove by a preponderance of evidence that the statement is reliable and was not induced using deceptive tactics. An inadmissible statement may also be used to impeach the defendant if the state can prove by a preponderance of evidence that the statement is reliable and was not induced using deceptive tactics. Any evidence obtained because of the inadmissible statement remains admissible if it would have been discovered through lawful means or acquired through an independent source.