SB 310 Requires custodial interrogations of persons suspected of certain serious offenses to be recorded
Sponsor: Bartle
LR Number: 1689S.02I Fiscal Note: 1689-02
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 2/5/2009 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee Journal Page: S261
Title: Calendar Position:
Effective Date: August 28, 2009

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2009 Senate Bills

Current Bill Summary


SB 310 - This act requires custodial interrogations of persons suspected of certain serious offenses to be recorded when feasible unless certain exceptions exists. Each law enforcement agency shall adopt a written policy regarding such interrogations. Law enforcement agencies are permitted to record an interrogation in any circumstance with or without knowledge or consent of the suspect.

"Custodial interrogation" means the questioning of a person under arrest, who is no longer at the scene of a crime, by a member of the law enforcement agency along with the answers and other statements of the person questioned. The term does not include: 1) situations where the person voluntarily agrees to meet with law enforcement, 2) detention by law enforcement that has not risen to the level of an arrest, 3) questioning that is routinely asked during the processing of the arrest of the suspect, 4) questioning pursuant to an alcohol influence report, and 5) questioning during the transportation of the suspect.

If a law enforcement agency fails to comply with these provisions and acts without good faith, the Governor may withhold any state funds received by the agency.

This act is identical to certain provisions of CCS/SS/SCS/HCS/HB 62 (2009).

SUSAN HENDERSON MOORE