Missouri HB2789: Enacts provisions relating to law enforcement custodial interviews

What the bill says

To amend chapter 590, RSMo, by adding thereto one new section relating to law enforcement custodial interviews. Section A. Chapter 590, RSMo, is amended by adding thereto one new section, to be known as section 590.702, to read as follows: 590.702. 1. Notwithstanding any other provision of law, a statement made by a person under arrest during a custodial interrogation, as defined in section 590.700, is presumed to be involuntary if the court determines that the peace officer conducting the interview intentionally used information known by the officer to be false to elicit the statement. This p.

From the introduced text:

To amend chapter 590, RSMo, by adding thereto one new section relating to law enforcement custodial interviews. Section A. Chapter 590, RSMo, is amended by adding thereto one new section, to be known as section 590.702, to read as follows: 590.702. 1. Notwithstanding any other provision of law, a statement made by a person under arrest during a custodial interrogation, as defined in section 590.700, is presumed to be involuntary if the court determines that the peace officer conducting the interview intentionally used information known by the officer to be false to elicit the statement. This presumption may be overcome if the state proves by clear and convincing evidence that the statement was voluntary and not made in response to the false information used by the peace officer to elicit the statement. 2. Any peace officer intentionally using information known by the officer to be false during a custodial interrogation shall be subject to disciplinary action under chapter 590. ✔ EXPLANATION -- Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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Sponsors

• Anderson, Marlon (D, 076) · primary sponsor