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CA SB1300

Bill

Status

Introduced

2/23/2012

Primary Sponsor

Elaine Alquist

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Requires electronic recording of entire custodial interrogations of adults and juveniles suspected of serious or violent felonies in fixed places of detention.

  • Establishes exceptions to recording requirement including exigent circumstances, suspect refusal, out-of-jurisdiction interrogations, equipment malfunction, and safety concerns for confidential informants or individuals.

  • 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.

  • 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.

  • 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

Committee Referrals

Appropriations4/25/2012
Public Safety3/8/2012
Rules2/23/2012

Full Bill Text

No bill text available