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CA SB1300
Bill
Status
2/23/2012
Primary Sponsor
Elaine Alquist
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AI Summary
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Requires electronic recording of entire custodial interrogations of adults and juveniles suspected of serious or violent felonies in fixed places of detention.
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Establishes exceptions to recording requirement including exigent circumstances, suspect refusal, out-of-jurisdiction interrogations, equipment malfunction, and safety concerns for confidential informants or individuals.
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Requires prosecution to prove by clear and convincing evidence that an exception applies when interrogation is not recorded; unrecorded statements may be admitted only if prosecution proves voluntariness and exception applicability by clear and convincing evidence.
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Mandates Judicial Council develop jury instructions explaining consequences of unrecorded interrogations and requires courts to provide cautionary instructions to juries when unrecorded statements are admitted.
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Requires interrogating entities to maintain original or exact copy of recordings until conviction is final and all appeals exhausted; establishes monitoring requirements by Judicial Council and Department of Justice to track compliance patterns.
Legislative Description
Interrogation: electronic recordation.
Last Action
Held in committee and under submission.
5/24/2012