HB 1095 - Custodial Interrogations

• Law enforcement agencies must electronically record all statements of suspects during custodial interrogations in investigations of 17 specified felony offenses including murder, sexual battery, robbery, kidnapping, and aggravated child abuse.

• Electronic recordings must be audio or video as appropriate to the interrogation setting, and may be covert, unless recording is impracticable or law enforcement has other good cause.

• All electronic recordings must be preserved until the investigation closes and all convictions and collateral appeals relating to the investigation are final and exhausted.

• Failure to electronically record an interrogation shall be a factor for the trial court to consider when determining statement admissibility and for the jury to consider when determining whether a statement was made and what weight to give it; defendant may request a cautionary jury instruction.

• No civil cause of action arises from an agency's failure to comply with the recording requirement; effective date is October 1, 2014.