Florida SB 890: Custodial Interrogations of Minors

Bill Text

Florida Senate - 2023 SB 890

By Senator Stewart

17-01242-23 2023890__
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
A bill to be entitled 1
An act relating to custodial interrogations of minors; 2
creating s. 900.06, F.S.; defining terms; providing a 3
presumption of inadmissibility for confessions of 4
certain minors which are made as a result of a 5
custodial interrogation at a place of detention if 6
deceptive tactics are used; specifying circumstances 7
under which the presumption may be overcome; providing 8
that the state attorney has the burden of proving that 9
such confessions were voluntary; requiring that 10
certain objections be made in the trial court; 11
providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Section 900.06, Florida Statutes, is created to 16
read: 17
900.06 Deceptive tactics during custodial interrogations of 18
minors prohibited; presumption of inadmissibility.— 19
(1) As used in this section, the term: 20
(a) “Custodial interrogation” means questioning or other 21
conduct by a law enforcement officer which is reasonably likely 22
to elicit an incriminating response from an individual and which 23
occurs under circumstances in which a reasonable individual in 24
the same circumstances would consider himself or herself to be 25
in the custody of a law enforcement agency. 26
(b) “Deception” means the knowing communication by a law 27
enforcement officer to a subject of a custodial interrogation 28
which includes false facts about evidence or unauthorized 29

Florida Senate - 2023 SB 890

17-01242-23 2023890__
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
statements regarding leniency. 30
(c) “Place of detention” means a police station, sheriff’s 31
office, correctional facility, prisoner holding facility, county 32
detention facility, or other governmental facility where a minor 33
may be held in connection with a criminal charge or a petition 34
for delinquency that has been or may be filed against the minor. 35
(2) An oral, written, or sign language confession of an 36
individual who was younger than 18 years of age at the time of 37
the commission of the offense, which confession is made as a 38
result of a custodial interrogation conducted at a place of 39
detention, is presumed to be inadmissible as evidence against 40
the minor making the confession in any criminal proceeding or 41
any juvenile court proceeding if, during the custodial 42
interrogation, a law enforcement officer engages in deception. 43
(3) The presumption of inadmissibility of a confession 44
under subsection (2) may be overcome by a preponderance of the 45
evidence that the confession was voluntarily given, based on the 46
totality of the circumstances. 47
(4) The state attorney has the burden of proving that a 48
confession was voluntary. Any objection to the failure of the 49
state to call all material witnesses on the issue of whether the 50
confession was voluntary must be made in the trial court. 51
Section 2. This act shall take effect July 1, 2023. 52