MI HB5763

Law enforcement officials must make a time-stamped, audiovisual recording of the entire interrogation when questioning an individual in custodial detention about involvement in a major felony, including notification of Miranda rights.

An individual may object to being recorded, and the objection must be documented either on the recording or by signed document; law enforcement may proceed with recording despite objection.

Recordings must use equipment and procedures designed to prevent alteration of the audio or visual record, and prosecutors must provide copies to defense counsel upon discovery request.

If a required recording is not made or preserved, law enforcement officers may still testify about the statement in court if otherwise admissible, but the jury must be instructed that state law requires recording and may consider the absence of a recording when evaluating the statement's credibility.

The Commission on Law Enforcement Standards must set quality standards for recordings and assess equipment costs within 120 days, with the legislature annually appropriating funds to law enforcement agencies to purchase equipment; agencies must implement the requirements within 120 days of receiving funds.