FL S0296

Requires custodial interrogations of persons suspected or charged with felonies to be electronically recorded in their entirety to be admissible as evidence in criminal proceedings.

Statements are presumed inadmissible unless the interrogation is recorded, constitutional warnings are given and waived on record, the recording device is functioning properly, all material persons are identified, and defense counsel receives copies at least 20 days before trial.

Allows prosecution to rebut the presumption of inadmissibility with clear and convincing evidence if recording was impossible due to exigent circumstances, equipment failure, interrogee refusal, or lawfully conducted wiretap operations.

Statements obtained by federal officers or officers from other jurisdictions acting independently remain admissible under their own jurisdictions' laws; statements made in open court, before grand juries, or spontaneous statements are not affected by this requirement.

Electronic recordings must be preserved until the defendant's conviction is final, all appeals are exhausted, prosecution is barred, or the state waives prosecution in writing; effective July 1, 2017.