HB 1247 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in rules of evidence, providing for prohibition of deception during custodial interrogation of individual with intellectual disability or autism.

Summary

Deceptive Interrogation with Intellectual Disabilities or Autism 

Bill Text

• Printer's No. 1396 View text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill prohibits the use of deception during custodial interrogation of individuals with intellectual disability or autism, making any resulting confessions inadmissible unless proven voluntary.

• Title 42

  § 6145. Prohibition of deception during custodial interrogation of individual with intellectual disability or autism.

  This establishes a new section that prohibits deceptive practices during the interrogation of certain vulnerable individuals.

• Title 42

  A law enforcement officer may not use deception during a custodial interrogation of an individual with an intellectual disability or autism.

  This explicitly forbids law enforcement from using deception when interacting with individuals who have intellectual disabilities or autism.

• Title 42

  An oral, a written or a sign language confession of an individual with an intellectual disability or autism made as the result of a custodial interrogation conducted at a police station or other place of detention... shall be presumed to be inadmissible as evidence against the individual making the confession in a criminal proceeding or a juvenile court proceeding... if, during the custodial interrogation, a law enforcement officer knowingly engages in deception.

  This creates a legal presumption that confessions obtained through deceptive practices are inadmissible in court.

• Title 42

  The presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances.

  This allows the Commonwealth to rebut the presumption of inadmissibility by demonstrating that the confession was voluntarily made.

• Title 42

  The burden of going forward with the evidence and the burden of proving that the confession was voluntary shall be on the Commonwealth.

  This places the responsibility on the Commonwealth to prove a confession was voluntary after deception has been claimed.

• Title 42

  An objection to the failure of the Commonwealth to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court.

  This specifies the procedural requirement for raising an objection concerning the voluntariness of the confession in court.

• Title 42

  "Deception." The knowing communication of false facts about evidence or unauthorized statements regarding leniency by a law enforcement officer to an individual subject to custodial interrogation.

  This defines the term 'deception' in the context of custodial interrogations.

• Title 42

  "Individual with an intellectual disability or autism." As defined in section 5992 (relating to definitions).

  This provides a clear definition to identify the individuals covered under this new prohibition.

• Title 42

  "Law enforcement officer." As defined in section 5950(d) (relating to confidential communications involving law enforcement officers).

  This ensures clarity in identifying who is restricted from using deception based on existing definitions.

• Title 42

  "Place of detention." A building or police station that is a place of operation for a State or municipal police department...

  This defines what constitutes a place of detention relevant to the prohibition on deceptive practices.

Action History

1. April 13, 2026

   Laid on the table, April 13, 2026

2. April 13, 2026

   First consideration, April 13, 2026

3. April 13, 2026

   Reported as committed, April 13, 2026

4. April 17, 2025

   Referred to JUDICIARY, April 17, 2025

Sponsors

• Liz Hanbidge · Primary
• Jose Giral · Cosponsor
• Johanny Cepeda-Freytiz · Cosponsor
• Carol Hill-Evans · Cosponsor
• Tarik Khan · Cosponsor
• Danielle Friel Otten · Cosponsor
• Kristine C. Howard · Cosponsor
• Benjamin V. Sanchez · Cosponsor
• Joseph C. Hohenstein · Cosponsor
• Melissa L. Shusterman · Cosponsor
• Michael H. Schlossberg · Cosponsor
• Perry S. Warren · Cosponsor
• Ed Neilson · Cosponsor

Subjects