§ 338

Admissions; confessions (a) An admission or confession by a person who is Deaf, Hard of Hearing, or DeafBlind made to a law enforcement officer or any other person having a prosecutorial function may only be used against the person in a criminal proceeding if: (1) the admission or confession was made knowingly, voluntarily, and intelligently and is not subject to alternative interpretations resulting from the person’s habits and patterns of communication; and (2) the admission or confession, if made during a custodial interrogation, was made after reasonable steps were taken, including the appointment of a qualified interpreter, to ensure that the defendant understood the defendant’s constitutional rights. (b) The provisions of subsection (a) of this section supplement the constitutional rights of the person who is Deaf, Hard of Hearing, or DeafBlind. (Added 1987, No. 172 (Adj. Sess.), § 1; amended 2005, No. 167 (Adj. Sess.), § 16, eff. May 20, 2006; 2013, No. 96 (Adj. Sess.), § 3; 2023, No. 36, § 7, eff. July 1, 2023.)