CO HB1117

Requires peace officers to electronically record custodial interrogations for Class 1 or Class 2 felonies and felony sexual assault cases (sections 18-3-402, 18-3-404, 18-3-405, 18-3-405.5) in permanent detention facilities, effective July 1, 2017.

Exempts recording requirement if defendant requests no recording, equipment fails, equipment is unavailable, exigent public safety circumstances exist, or interrogation occurs outside Colorado.

Allows courts to admit unrecorded interrogation statements, but requires prosecution to prove by preponderance of evidence that an exception applies; otherwise court must instruct jury to consider the recording failure as a violation of policy and law when weighing statement credibility.

Requires all law enforcement agencies to have electronic recording equipment and written policies for preserving custodial interrogations by July 1, 2017.

Appropriates $24,700 to the Department of Corrections for the 2016-17 fiscal year to support inspector general subprogram operating expenses related to implementation.