Title: Recording of Custodial Interrogations

Summary: Requires statements made during custodial interrogations conducted at places of detention to be electronically recorded in certain circumstances; requires law enforcement officers who conduct custodial interrogations without electronically recording them or conduct custodial interrogations outside places of detention to prepare written reports that include specified information; requires court to consider failure to electronically record custodial interrogation as factor in determining admissibility of statements & to give jury cautionary instructions in certain circumstances; provides civil immunity for law enforcement agencies that enforce rules meeting specified requirements.

Full Text:
An act relating to the recording of custodial interrogations; creating s. 925.13, F.S.; providing definitions; requiring statements made during custodial interrogations conducted at places of detention to be electronically recorded in certain circumstances; providing exceptions; requiring law enforcement officers who conduct custodial interrogations without electronically recording them or conduct custodial interrogations outside places of detention to prepare written reports that include specified information; requiring a court to consider the failure to electronically record a custodial interrogation as a factor in determining the admissibility of statemen ts and to give a jury cautionary instructions in certain circumstances; providing civil immunity for law enforcement agencies that enforce rules meeting specified requirements; providing construction; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 925.13, Florida Statutes, is created to read: 925.13 Recording custodial interrogations.- HB 2018 (1) As used in this section, the term: (a) "Covered offense" means: 1. Murder under s. 782.04. 2. Manslaughter under s. 782.07. 3. Sexual battery under s. 794.011. (b) "Custodial interrogation" means questioning initiated by a law enforcement officer that is reasonably likely to elicit an incriminating response from an individual under circumsta nces in which a reasonable individual would consider himself or herself to be in custody. (c) "Electronically recording" means making an audio recording or an audio and video recording that accurately records a custodial interrogation. (d) "Place of de tention" means a fixed location under the control of law enforcement at which an individual may be questioned or temporarily detained in connection with a criminal offense pending a potential arrest or citation issued by an entity that is authorized to mak ean arrest or issue a citation including, but not limited to, a law enforcement agency or sheriff's office, a correctional facility, or a detention facility. The term does not include a law enforcement vehicle. (e) "Statement" means a communication whet her it is oral, written, electronic, nonverbal, or in sign language. (2)(a) Except as otherwise provided in paragraph (b), a custodial interrogation at a place of detention, including the HB 2018 issuance of any required warning, advice regarding the rights of the individual being questioned, and waiver of any rights by the individual, must be electronically recorded in its entirety if the custodial interrogation relates to a covered offense. (b) Paragraph (a) does not apply if: 1. An equipment malfunction pr events the custodial interrogation from being electronically recorded in whole or in part. 2. The individual refuses to participate in the custodial interrogation if his or her statements are electronically recorded. 3. An equipment operator error prev ents the custodial interrogation from being electronically recorded in whole or in part. 4. A statement is made spontaneously and not in response to a question asked in a custodial interrogation. 5. A statement is made after routine questioning during the processing of the arrest of an individual. 6. The custodial interrogation occurs when a law enforcement officer conducting such interrogation does not have any knowledge of facts and circumstances that would lead the officer to reasonably believe tha tthe individual being interrogated may have committed a covered offense. 7. The law enforcement officer conducting the custodial interrogation reasonably believes that electronically recording HB 2018 such interrogation would jeopardize the safety of the office r, the individual being interrogated, or others. 8. The custodial interrogation is conducted outside of the state. (3) If a law enforcement officer conducts a custodial interrogation: (a) Without electronically recording it in whole or in part, the officer shall prepare a written report explaining the reason he or she did not comply with paragraph (2)(a) and summarizing the custodial interrogation process and the individual's unrecorded statements. (b) Outside a place of detention, the officer shal lprepare a written report explaining the reason he or she did not comply with paragraph (2)(a) and summarizing the custodial interrogation process and the individual's statements. (4)(a) Unless the court finds that an exception in paragraph (2)(b) appli es, the court shall consider the failure to electronically record a custodial interrogation in compliance with paragraph (2)(a) as a factor in determining whether a statement made during the custodial interrogation is admissible. (b) If the court admits into evidence a statement made during a custodial interrogation that was not electronically recorded in compliance with paragraph (2)(a), the court, upon the defendant's request, shall give cautionary instructions to the jury regarding the state's failure to comply. HB 2018 (5) A law enforcement agency that has enforced rules for its personnel that are reasonably designed to ensure compliance with this section is not subject to civil liability for damages arising from a violation of this section. (6) This secti on does not create a cause of action against a law enforcement officer. Section 2. This act shall take effect July 1, 2018.