HB5346 Summary

• Renders unreliable statements made during custodial interrogation at police stations or places of detention inadmissible in criminal and juvenile court proceedings.

• Requires prosecution to disclose at least 30 days before any evidentiary hearing or trial its intent to introduce statements from custodial interrogations, including all electronic recordings and documents related to how the statement was obtained.

• Permits defendants to move before trial to exclude unreliable statements; if defendant presents a prima facie case of unreliability, a separate hearing must be held.

• Establishes that defendant bears burden of producing evidence of unreliability, then prosecution must prove by preponderance of evidence that statement is reliable, considering factors including whether details match pre-interrogation evidence, whether new details are independently corroborated, whether facts were disclosed to rather than elicited from defendant, and prior findings of coercion.

• Vests admissibility determination solely with the trial court; defendant may testify at reliability hearing without waiving trial rights against self-incrimination.