SB231 - Requires that custodial interrogations of persons suspected of committing felonies must be recorded
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||Requires that custodial interrogations of persons suspected of committing felonies must be recorded
SB 231 This act requires any statement of a defendant made
during a custodial interrogation to be presumed inadmissable as
evidence in a criminal proceeding unless: (1) the interrogation
is electronically recorded; (2) prior to the statement, but
during the recording, the accused was read his or her Miranda
rights and those rights were knowingly waived; (3) the recording
device was accurate and unaltered; (4) all voices on the
recording are identified; and (5) the defendant's attorney is
provided with a copy of all recordings no later than 20 days
before the date of the proceeding.
The state may rebut the presumption of inadmissability that
the statement was voluntary and reliable and there was good cause
not to tape the interrogation.
A statement by the accused as a result of custodial
interrogation is admissible if the statement was obtained in
another state in compliance with the laws of that state or the
statement was obtained by federal law enforcement officials in
compliance with federal law.
All electronic recordings must be preserved through final
appeals or until prosecution of the offense is barred by law.
This act only applies to custodial interrogations of persons
suspected of committing a felony.