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FL S0986
Bill
AI Summary
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Creates section 901.246 of Florida Statutes requiring law enforcement agencies to electronically record (audio or video) all custodial interrogations of suspects for covered offenses in law enforcement facilities, police vehicles, courthouses, correctional facilities, and other secure environments.
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Defines "covered offenses" as 17 specific felonies including murder, manslaughter, sexual battery, robbery, arson, kidnapping, and aggravated assault or battery.
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Requires electronic recordings to include Miranda warnings, suspect waivers, and any foreign language or sign language interpreter present; allows covert recordings to satisfy the requirement.
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Mandates preservation of all electronic recordings until the investigation closes and all convictions and collateral appeals are final and exhausted.
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Permits courts to consider the failure to record when determining admissibility of statements; allows juries to consider the failure when determining whether a statement was made and the weight to give it, with mandatory jury instruction upon defendant request.
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Establishes that no civil cause of action arises from failure to comply with the recording requirement.
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Takes effect October 1, 2014.
Legislative Description
Custodial Interrogations
Last Action
Died in Criminal Justice
5/2/2014