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FL H0393
Bill
Status
5/3/2013
Primary Sponsor
Kionne McGhee
Click for details
AI Summary
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Requires all statements made during custodial interrogations relating to crimes to be electronically recorded with both audio and visual recording, or audio-only if interrogation occurs outside a place of detention.
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Establishes that unrecorded statements are presumed inadmissible in criminal and juvenile delinquency proceedings, with limited exceptions for routine booking, documented refusal to be recorded, out-of-state interrogations, or exigent circumstances.
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Allows courts to overcome the inadmissibility presumption if the statement is reliable, proven voluntary by clear and convincing evidence, and law enforcement attempted to record or documented why recording was not feasible.
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Requires the Department of Law Enforcement to monitor compliance through forms submitted by judges and prosecutors for recorded interrogations, unrecorded interrogations, and guilty pleas; interrogating officers must report reasons for any unrecorded interrogations.
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Mandates law enforcement preserve electronic recordings until all appeals and postconviction proceedings conclude, or until applicable statutes of limitations expire if no charges are filed.
Legislative Description
Recording of Custodial Interrogations
Last Action
Died in Criminal Justice Subcommittee
5/3/2013