HB2945 Summary

• Requires electronic recording of all custodial interrogations of minors under age 18 at police stations or detention facilities for offenses that would be charged as homicide, aggravated assault, sexual assault, aggravated sexual assault, armed robbery, or Class 1/X felonies on or after the effective date of the 98th General Assembly.

• Presumes statements made by minors during unrecorded custodial interrogations inadmissible in criminal or juvenile court proceedings unless an electronic recording is made and substantially accurate, with exceptions including statements made in open court, spontaneous statements, and statements where recording was infeasible.

• Allows the presumption of inadmissibility to be overcome by preponderance of evidence showing the statement was voluntarily given and reliable based on totality of circumstances.

• Requires courts to provide juries with cautionary instructions when unrecorded statements or altered recordings are introduced as evidence, explaining the lack of electronic recording and advising jurors to scrutinize accuracy of reported statements.

• Applies similar recording requirements and protections to adult defendants in criminal proceedings under the Code of Criminal Procedure of 1963 for the same categories of offenses, effective July 18, 2005.