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SF 2495

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/19/2024 09:08am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to judiciary; prohibiting admission in judicial proceeding of certain
custodial statements; proposing coding for new law in Minnesota Statutes, chapter
634.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [634.025] CONFESSION; INADMISSIBLE WHEN DECEPTION IS
USED.
new text end

new text begin (a) Any admission, confession, or statement, whether written or oral, made by any person
during a custodial interrogation by a law enforcement agency official, juvenile court official,
or their agent, is presumed involuntarily made and inadmissible in any proceeding if, during
the interrogation, a law enforcement agency official or juvenile court official or their agent
knowingly:
new text end

new text begin (1) communicated false facts about the existence or nature of evidence to the extent such
evidence would be material to assessing any suspected or alleged criminal conduct on behalf
of the individual being interrogated; or
new text end

new text begin (2) communicated unauthorized statements regarding leniency.
new text end

new text begin (b) The presumption that any such admission, confession, or statement is involuntarily
made and inadmissible may be overcome if the state proves by a preponderance of the
evidence that the admission, confession, or statement was voluntary, reliable, and not induced
by any act described in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to admission,
confession, or statement, whether written or oral, made on or after that date.
new text end