NC H779

Expands electronic recording requirements for custodial interrogations to include all juvenile interrogations and interrogations involving Class A, B1, B2 felonies, and Class C felonies of rape, sex offense, or assault with a deadly weapon with intent to kill inflicting serious injury (previously limited to homicide investigations only).

Requires law enforcement to electronically record interrogations in their entirety, beginning with Miranda rights and ending when the interview is complete, with both visual and audio recording simultaneously produced whenever reasonably feasible.

Permits admission of unrecorded statements only if the State establishes by clear and convincing evidence that the statement was voluntary and reliable, and that law enforcement had good cause for failing to record (including suspect refusal or equipment failure).

Allows courts to consider noncompliance with recording requirements when adjudicating motions to suppress statements and permits juries to consider compliance evidence when determining voluntariness and reliability of statements.

Becomes effective December 1, 2011 for all interrogations occurring on or after that date, and requires the State to preserve electronic recordings for one year after completion of all State and federal appeals.