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Session Laws - 2007 S.L. 2007-434
1283
(1) Electronic recording. – An audio recording that is an authentic,
accurate, unaltered record; or a visual recording that is an authentic,
accurate, unaltered record.
(2) Place of detention. – A jail, police or sheriff's station, correctional or
detention facility, holding facility for prisoners, or other facility where
persons are held in custody in connection with criminal charges.
(3) In its entirety. – An uninterrupted record that begins with and includes
a law enforcement officer's advice to the person in custody of that
person's constitutional rights, ends when the interview has completely
finished, and clearly shows both the interrogator and the person in
custody throughout. If the record is a visual recording, the camera
recording the custodial interrogation must be placed so that the camera
films both the interrogator and the suspect. Brief periods of recess,
upon request by the person in custody or the law enforcement officer,
do not constitute an "interruption" of the record. The record will reflect
the starting time of the recess and the resumption of the interrogation.
(d) Electronic Recording of Interrogations Required. – Any law enforcement
officer conducting a custodial interrogation in a homicide investigation shall make an
electronic recording of the interrogation in its entirety.
(e) Admissibility of Electronic Recordings. – During the prosecution of any
homicide, an oral, written, nonverbal, or sign language statement of a defendant made in
the course of a custodial interrogation may be presented as evidence against the
defendant if an electronic recording was made of the custodial interrogation in its
entirety and the statement is otherwise admissible. If the court finds that the defendant
was subjected to a custodial interrogation that was not electronically recorded in its
entirety, any statements made by the defendant after that non-electronically recorded
custodial interrogation, even if made during an interrogation that is otherwise in
compliance with this section, may be questioned with regard to the voluntariness and
reliability of the statement. The State may establish through clear and convincing
evidence that the statement was both voluntary and reliable and that law enforcement
officers had good cause for failing to electronically record the interrogation in its
entirety. Good cause shall include, but not be limited to, the following:
(1) The accused refused to have the interrogation electronically recorded,
and the refusal itself was electronically recorded.
(2) The failure to electronically record an interrogation in its entirety was
the result of unforeseeable equipment failure, and obtaining
replacement equipment was not feasible.
(f) Remedies for Compliance or Noncompliance. – All of the following remedies
shall be granted as relief for compliance or noncompliance with the requirements of this
section:
(1) Failure to comply with any of the requirements of this section shall be
considered by the court in adjudicating motions to suppress a
statement of the defendant made during or after a custodial
interrogation.
(2) Failure to comply with any of the requirements of this section shall be
admissible in support of claims that the defendant's statement was
involuntary or is unreliable, provided the evidence is otherwise
admissible.
Object Description
Description
| Title | Page 1329 |
| Full Text | Session Laws - 2007 S.L. 2007-434 1283 (1) Electronic recording. – An audio recording that is an authentic, accurate, unaltered record; or a visual recording that is an authentic, accurate, unaltered record. (2) Place of detention. – A jail, police or sheriff's station, correctional or detention facility, holding facility for prisoners, or other facility where persons are held in custody in connection with criminal charges. (3) In its entirety. – An uninterrupted record that begins with and includes a law enforcement officer's advice to the person in custody of that person's constitutional rights, ends when the interview has completely finished, and clearly shows both the interrogator and the person in custody throughout. If the record is a visual recording, the camera recording the custodial interrogation must be placed so that the camera films both the interrogator and the suspect. Brief periods of recess, upon request by the person in custody or the law enforcement officer, do not constitute an "interruption" of the record. The record will reflect the starting time of the recess and the resumption of the interrogation. (d) Electronic Recording of Interrogations Required. – Any law enforcement officer conducting a custodial interrogation in a homicide investigation shall make an electronic recording of the interrogation in its entirety. (e) Admissibility of Electronic Recordings. – During the prosecution of any homicide, an oral, written, nonverbal, or sign language statement of a defendant made in the course of a custodial interrogation may be presented as evidence against the defendant if an electronic recording was made of the custodial interrogation in its entirety and the statement is otherwise admissible. If the court finds that the defendant was subjected to a custodial interrogation that was not electronically recorded in its entirety, any statements made by the defendant after that non-electronically recorded custodial interrogation, even if made during an interrogation that is otherwise in compliance with this section, may be questioned with regard to the voluntariness and reliability of the statement. The State may establish through clear and convincing evidence that the statement was both voluntary and reliable and that law enforcement officers had good cause for failing to electronically record the interrogation in its entirety. Good cause shall include, but not be limited to, the following: (1) The accused refused to have the interrogation electronically recorded, and the refusal itself was electronically recorded. (2) The failure to electronically record an interrogation in its entirety was the result of unforeseeable equipment failure, and obtaining replacement equipment was not feasible. (f) Remedies for Compliance or Noncompliance. – All of the following remedies shall be granted as relief for compliance or noncompliance with the requirements of this section: (1) Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress a statement of the defendant made during or after a custodial interrogation. (2) Failure to comply with any of the requirements of this section shall be admissible in support of claims that the defendant's statement was involuntary or is unreliable, provided the evidence is otherwise admissible. |
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