(a)During a custodial interrogation of a person 17 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)As used in this section, the following terms have the following meanings:
(1)“Deception,” includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2)“Psychologically manipulative interrogation tactics” include, but are not limited to the following:
(A)Maximization and minimization and other interrogation practices that rely on a presumption of guilt or
deceit.
(i)Under this section, maximization includ
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(a)
During a custodial interrogation of a person 17 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b)
As used in this section, the following terms have the following meanings:
(1)
“Deception,” includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2)
“Psychologically manipulative interrogation tactics” include, but are not limited to the following:
(A)
Maximization and minimization and other interrogation practices that rely on a presumption of guilt or
deceit.
(i)
Under this section, maximization includes techniques to scare or intimidate the person by repetitively asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or the strength of the evidence, including suggesting the existence of evidence that does not exist.
(ii)
Under this section, minimization involves minimizing the moral seriousness of the offense, a tactic that falsely communicates that the conduct is justified, excusable, or accidental.
(B)
Making direct or indirect promises of leniency, such as indicating the person will be released if the person cooperates.
(C)
Employing the “false” or “forced” choice strategy, where the person is encouraged to select one of two options, both incriminatory, but one is characterized as morally or legally justified or excusable.
(c)
Subdivision (a) does not apply to
interrogations of a person 17 years of age or younger if both of the following criteria are met:
(1)
The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2)
The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d)
This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein, and the officer does not suggest that the lie detector results are admissible in court or misrepresent the lie detector results to the person.
(e)
This section shall become operative on July 1, 2024.
(f)
For the purposes of this section, “custodial interrogation” shall have the same meaning as defined in Section 859.5 of the Penal Code.