be presumed to be inadmissible as evidence against the
individual making the confession in a criminal proceeding or a
juvenile court proceeding for an act that, if committed by an
adult, would be a misdemeanor offense or felony offense under 18
Pa.C.S. (relating to crimes and offenses) if, during the
custodial interrogation, a law enforcement officer knowingly
engages in deception. The following apply:
(1) 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.
(2) The burden of going forward with the evidence and
the burden of proving that the confession was voluntary shall
be on the Commonwealth.
(3) 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.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Adult." An individual who is 18 years of age or older.
"Custodial interrogation." An interrogation of an individual
during which:
(1) the freedom of movement of the individual is
restrained by a law enforcement officer, even if the
individual is not under arrest, as determined by a reasonable
person under similar circumstances; and
(2) a question is asked that is reasonably likely to
elicit an incriminating response from the individual.
"Deception." The knowing communication of false facts about
20230HB0934PN0921 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30