SB 306 — AN ACT CONCERNING DECEPTIVE INTERROGATION TACTICS.

Senate General Assembly RaisedFile Bill No.

306518 February Session, 2022 LCOSubstitute Senate Bill No.

2165306 ReferredSenate, toApril 19, 2022 The Committee on JUDICIARYJudiciary Introducedreportedthrough by:SEN.

(JUD)WINFIELD ANof ACTthe CONCERNING10th DECEPTIVEDist., INTERROGATIONChairperson TACTICS.of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING DECEPTIVE INTERROGATION TACTICS.

(NEW) (Effective October 1, 2022) (a) As used in this section:

(1) "Deception or coercive tactics" means the use of conduct or written, oral, electronic, nonverbal or any other form of communication that includes, but is not limited to, that which:

(B) RepresentsCommunicates false facts about evidence;evidence that were known or should have been known to be false;

(C) Provides holdback facts pertaining to a crime or crimes that were notnotpreviouslyarticulatedbythepersonbeinginterrogated previouslyinducingthe articulatedperson byto theadopt personthese beingfacts; interrogated;

(D)sSB306 Uses/ falseFile orNo. misleading promises of leniency or other false promises;

(E)518 Uses1 falsesSB306 statementsFile orNo. misrepresentations of the law;

LCO518 No.(D) Communicates false or misleading promises of leniency or other false promises;

2165(E) 1Communicates offalse 3statements Raised Bill No.306 (F) Uses or threatensmisrepresentations the use of physical force upon the personlaw; being interrogated or another person;

(F) Uses or threatens the use of physical force upon the person being interrogated or another person;

(H) Uses or threatens the unwarranted criminalization of another person;

(I) Uses or threatens the unwarranted use of enhanced penalties, upon the person being interrogated or another person;

(2) "Law"Holdback enforcementfacts" agency" means thekey Divisionincriminating offacts Stateabout Policeevidence withinpresumed theonly Departmentto ofbe Emergencyknown Servicesto law enforcement and Publicthe Protectionperpetrator or anyperpetrators municipalof policethe department.crime, the knowledge of which are presumed to demonstrate guilt.

(b) Any admission, confession or statement, whether written or oral, made by any person, including a child under eighteen years of age, during a custodial interrogation by a law enforcement agency official or juvenile court officialor their agent,shallbepresumedtoagent, shallbepresumedto beinvoluntary andandinadmissibleinany inadmissible in any proceeding ififthelawenforcement the law enforcement agency officialofficialor or juvenile court official or their agent engaged in deception or coercive tactics during such interrogation.

(c) The presumption that any such admission, confession or statement is involuntary and inadmissible may be overcome if the state proves by clear and convincing evidence that the admission, confession or statement was (1) voluntary and not induced by the use of deception or coercive tactics, orand (2) any alleged use of deception or coercive tacticssSB306 did/ notFile undermineNo. the reliability of the person's admission, confession or statement and did not create a substantial risk that the person might falsely incriminate themselves.

LCO518 2 sSB306 File No.

2165518 2tactics did not undermine the reliability of 3the Raisedperson's Billadmission, No.confession or statement and did not create a substantial risk that the person might falsely incriminate themselves.

306 This act shall take effect as follows and shall amend the following sections:

Section 1 October 1, 2022 Section 1 New section StatementJUD ofJoint Purpose:Favorable Subst.

TosSB306 make/ inadmissibleFile statementsNo. or admissions obtained through the use of deceptive interrogation tactics.

[Proposed518 deletions3 aresSB306 enclosedFile inNo. brackets.

Proposed518 additionsThe arefollowing indicatedFiscal byImpact underline,Statement exceptand underlined.]eBill entireAnalysis textare prepared for the benefit of athe billmembers orof resolutionthe orGeneral aAssembly, sectionsolely offor apurposes billof orinformation, resolutionsummarization isand new,explanation itand isdo not LCOrepresent No.the intent of the General Assembly or either chamber thereof for any purpose.

2165In 3general, fiscal impacts are based upon a variety of 3informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill modifies criminal procedure relating to written or oral admissions and does not result in a fiscal impact.

The Out Years State Impact:

None Municipal Impact:

None sSB306 / File No.

518 4 sSB306 File No.

518 OLR Bill Analysis sSB 306 AN ACT CONCERNING DECEPTIVE INTERROGATION TACTICS.

SUMMARY This bill creates a rebuttable presumption that a written or oral admission, confession, or statement is involuntary and inadmissible in any proceeding if it is made by anyone during a custodial interrogation by a law enforcement agency official or the official’s agent who used deceptive or coercive tactics.

Under the bill, the presumption may be overcome if the state proves by clear and convincing evidence that the (1) admission, confession, or statement was voluntary and not induced by deception or coercive tactics and (2) alleged use of deception or coercive tactics did not undermine the reliability of the person’s admission, confession, or statement and did not create a substantial risk that the person might falsely incriminate himself or herself.

EFFECTIVE DATE:

October 1, 2022 DECEPTION OR COERCIVE TACTICS Under the bill, “deception or coercive tactics” means the use of conduct or written, oral, electronic, nonverbal, or any other form of communication that includes the following: