SB 1389 Summary

• Expands electronic recording requirement to custodial interrogations of any person suspected of committing murder, not just minors, with recording to occur in its entirety at fixed places of detention.

• Requires video recording for minor interrogations and allows video or audio recording for adult interrogations, with legislative encouragement for law enforcement to use video when available.

• Establishes exceptions to recording requirement including exigent circumstances, suspect request, other jurisdictions, routine processing, confidential informant protection, equipment malfunction, and unrelated charges.

• Mandates prosecution prove by clear and convincing evidence that exceptions apply, and allows unrecorded statements only if voluntarily made, lawfully obtained, and with documented contemporaneous recording of reasons for non-compliance.

• Requires interrogating entities maintain original or exact copy of recordings until conviction is final and all appeals exhausted, and mandates jury instructions cautioning against unrecorded statements.