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FL S0986

Bill

Status

Failed

5/2/2014

Primary Sponsor

Arthenia Joyner

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • 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.

  • Defines "covered offenses" as 17 specific felonies including murder, manslaughter, sexual battery, robbery, arson, kidnapping, and aggravated assault or battery.

  • 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.

  • Mandates preservation of all electronic recordings until the investigation closes and all convictions and collateral appeals are final and exhausted.

  • 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.

  • Establishes that no civil cause of action arises from failure to comply with the recording requirement.

  • Takes effect October 1, 2014.

Legislative Description

Custodial Interrogations

Last Action

Died in Criminal Justice

5/2/2014

Committee Referrals

Criminal Justice2/18/2014

Full Bill Text

No bill text available