H 3922 Massachusetts House · 193rd Legislature (2023-2024)

An Act preventing false confessions

This bill amends Massachusetts law to restrict how law enforcement can question suspects, specifically by prohibiting deceptive tactics during interrogations of juveniles and requiring electronic recording of all custodial interrogations in detention facilities. Under the new rules, any statement obtained from a juvenile through known deception would be presumed inadmissible in court unless the prosecution can prove beyond a reasonable doubt that the confession was voluntary and reliable. Additionally, the legislation mandates that audio and video recordings of interrogations must capture the entire process, including the reading of rights, and states that a failure to record will automatically make any resulting statements inadmissible. These provisions aim to ensure that confessions are genuine and obtained through fair procedures while shifting the burden of proof to the state when deception or lack of recording occurs.
Bill status passed 3 of 4 stages cleared
Introduction
Jun 2023
Committee Review
Jun 2023
Senate Passage
Jun 2023
Governor
Introduced Jun 15, 2023 Last action Jun 5, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Jun 20, 2023
Upper · Passed
Senate concurred
upper
Jun 15, 2023
Committee
Referred to the committee on The Judiciary
lower
1 primary · 0 co-sponsors

Sponsors