SB 746 — Minors; prohibition of deceptive tactics during custodial interrogation.

SESSION INTRODUCEDSENATE 22100071DSUBSTITUTE 22106605D SENATE BILL NO.

746 IAMENDMENT OfferedIN JanuaryTHE 21,NATURE 2022OF NA SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 14, 2022) (Patron Prior to Substitute––Senator Surovell) A BILL to amend and reenact § 19.2-266.2 of the Code of Virginia byand addingto aamend sectionthe numberedCode 19.2-268.4,of Virginia custodial interrogation of a minor.68.4, relating to the T prohibition of deceptive tactics during the custodialBe interrogationit ofenacted aby minor.the General Assembly of Virginia:

––––––––––1. R Patrons––Surovell and Boysko;

Delegate:That § 19.2-266.2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 19.2-268.4 as follows:

Price§ O19.2-266.2. Referred to Committee on the Judiciary –––––––––– D Be it enacted by the General Assembly of Virginia:

UDefense 1.objections to be raised before trial;

Thathearing; the Code of Virginia is amended by adding a section numbered 19.2-268.4 as follows:

Cbill §of 19.2-268.4.particulars.

was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia proscribing illegal searches and seizures and protecting rights against self-incrimination;

(ii) dismissal of a warrant, information, or indictment or any count or charge thereof on the ground that:

(a) the defendant would be deprived of a speedy trial in violation of the provisions of the Sixth Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Virginia, or § 19.2-243;

or (b) the defendant Constitution of the United States or Article I, Section 8 of the Constitution of Virginia;

or (iii) dismissal of a warrant, information, or indictment or any count or charge thereof on the ground that a stTtute upon which it was based is unconstitutional;

or (iv) suppression of evidence on the grounds such evidence is inadmissible under the provisions of § 19.2-268.4 shall be raised by motion or objection.

E B.

Such a motion or objection in a proceeding in circuit court shall be raised in writing, before trial.

The motions or objections shall be filed and notice given to opposing counsel not later than seven days circuit court as the grounds for the motion or objection shall arise, whichever occurs last.

A hearing onin all such motions or objections shall be held not later than three days prior to trial in circuit court, unless such period is waived by the accused, as set by the trial judge.

The circuit court may, howeverU for good cause shown and in the interest of justice, permit the motions or objections to be raised at a Bater time.

C.

To assist the defense in filing such motions or objections in a timely manner, the circuit court § 19.2-230.

The circuit court shall fix the time within which such bill of particulars is to be filed.

Upon 35 further motion of the defendant, the circuit court may, upon a showing of good cause, direct the 36 Commonwealth to supplement its bill of particulars.

The attorney for the Commonwealth shall certify 37 that the matters stated in the bill of particulars are true and accurate to the best of his knowledge and 38 belief.

T 39 D.

In a criminal proceeding in district court, any motion or objection as described in subseUtion A district court shall, upon motion of the Commonwealth grant a continuance for good cause shown., the § 19.2-268.4.

"CustodialA. interrogation" means any interview conducted by a law-enforcement officer in suchE circumstances that would lead a reasonable person to consider himself to be in custody associated with arrest and during which the law-enforcement officer takes actions or asks questions that are reasonably likely to elicit responses from the person that could incriminate him.

"Deception"For meanspurposes the knowing communication of falsethis factssection: about evidence or unauthorized statements regarding leniency by a law-enforcement officer to a subject of custodial interrogation.

"PlaceE of"Custodial detention"interrogation" means any interview conducted by a policelaw-enforcement station,officer sheriff'sassociated office,with jail,an investigatory detention center,or an arrest during which the law-enforcement officer takes actions or otherask"Deception" similarmeans facilitythe inknowing whichcommunication suspectsof mayfalse befacts detained.about evidence or unauthorizedriminate him.

statements regarding leniency by a law-enforcement officer to a subject of custodial interrogation.

"Minor" means a person who is younger than 18 years of age.

Any oral,communication written,made orby sign language confession of a minor made as a result of a custodialScustodial interrogation conducted at a place of detention on or after July 1, 2022, shall be presumed to 7ebe inadmissible as evidence against such minor making such confessioncommunicaSion in any adjudication of delin6uencydelinquency or criminal proceeding for an act that if committed by an adultad7lt wouldengages bein adeception.ffense criminal offense if, during theC.the custodial interrogation, a law-enforcement officer k6owingly C.

The presumption of inadmissibility for such confessioncommunication of a minor when such confessioncommunication is procured through the knowing use of deception during a custodial interrogation at a place of detention, may be overcome if the confessioncommunication was voluntarily given.

D.The Commonwealth shall bear the burden of proving that such a communication was voluntary by a preponderance of the evidence, based on the totality of the circumstances.

The Commonwealth shall bear the burden of proving that such a confession was voluntary by a preponderance of the evidence, based on the totality of the circumstances.

Any objection on the issue of whether the confession was voluntarily made shall be made in the trial court.