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FL H0453

Bill

Status

Failed

5/5/2017

Primary Sponsor

Kamia Brown

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Requires all custodial interrogations of felony suspects to be electronically recorded in their entirety to be admissible as evidence, using video, audio, or digital media.

  • Establishes that statements made during custodial interrogations are presumed inadmissible unless the interrogee receives Miranda-type warnings and knowingly waives rights as part of the electronic recording.

  • Allows prosecution to rebut the inadmissibility presumption with clear and convincing evidence of voluntariness and reliability, plus demonstrates "good cause" for lack of recording (exigent circumstances, suspect refusal, equipment failure, or lawful interception).

  • Permits statements obtained by federal officers or other jurisdictions' law enforcement to remain admissible if obtained in compliance with their respective laws.

  • Requires electronic recordings be preserved until conviction is final, all appeals are exhausted, prosecution is barred, or the state waives future prosecution; effective July 1, 2017.

Legislative Description

Statements Made by a Criminal Defendant

Last Action

Died in Criminal Justice Subcommittee

5/5/2017

Committee Referrals

Criminal Justice Subcommittee2/6/2017

Full Bill Text

No bill text available