HB 215 DE

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Became Law

Confessions are powerful evidence of guilt. Therefore, this Act adopts the Uniform Law Commission's Uniform Electronic Recordation of Custodial Interrogations Act to promote truth-finding, promote efficiency, and protect constitutional values. Specifically, this Act mandates electronic recording of the custodial interrogation process by law enforcement when the interrogation relates to a crime allegedly committed by an adult or a delinquent act allegedly committed by a child. The type of recording required, either audio or audio and video, depends on the location of the custodial interrogation. Recognizing that a blanket requirement of recording electronically all interrogations is not feasible, this Act provides 5 exceptions to the recording mandate: (1) exigent circumstances, (2) an individual's refusal to be recorded, (3) interrogations occurring in other jurisdictions, (4) when the interrogator or interrogator's supervisor reasonably believes electronic recording would reveal a confidential informant's identity or jeopardize the safety of the officer, the individual interrogated, or another individual, and (5) equipment malfunctions. Further, this Act requires the prosecution to notify the defense of an intention to introduce an unrecorded statement and of the exception that permitted the lack of recording. This Act requires the prosecution to prove by clear and convincing evidence that an exception applies. This Act also prescribes remedies for violations of the electronic recording requirement, including the giving of a cautionary instruction to the jury. Additionally, this Act provides civil immunity for both law enforcement officers and law enforcement agencies. Finally, this Act requires the Council on Police Training to adopt rules to implement this Act, which are to be enforced by each law enforcement agency.

• Melissa Minor-Brown Democratic · primary
• Marie Pinkney Democratic · primary
• Darius J. Brown Democratic · primary
• Nnamdi O. Chukwuocha Democratic · primary
• Larry Lambert Democratic · primary

1. May 27, 2021 Introduced and Assigned to Judiciary Committee in House · lower
2. Jun 9, 2021 Reported Out of Committee (Judiciary) in House with 2 Favorable, 5 On Its Merits · lower
3. Jun 22, 2021 Amendment HA 1 to HB 215 - Introduced and Placed With Bill · lower
4. Jun 22, 2021 Amendment HA 1 to HB 215 - Passed In House by Voice Vote · lower
5. Jun 22, 2021 Passed By House. Votes: 41 YES · lower
6. Jun 22, 2021 Assigned to Judiciary Committee in Senate · upper
7. Jun 23, 2021 Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits · upper
8. Jun 29, 2021 Amendment SA 1 to HB 215 - Introduced and Placed With Bill · lower
9. Jun 29, 2021 Amendment SA 1 to HB 215 - Passed By Senate. Votes: 14 YES 7 NO · upper
10. Jun 29, 2021 Passed By Senate. Votes: 21 YES · upper
11. Jun 30, 2021 Passed By House. Votes: 40 YES 1 ABSENT · lower
12. Nov 8, 2021 Signed by Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Bill Text · HTML
• Bill Text · PDF
• HA 1 to HB 215 · PDF
• HA 1 to HB 215 · HTML
• SA 1 to HB 215 · PDF
• SA 1 to HB 215 · HTML