I 

111TH CONGRESS 

2D SESSION H. R. 6245 

To amend title 18, United States Code, to require the electronic recording 

of custodial interrogations in Federal criminal cases. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. JOHNSON of Georgia (for himself, Mr. ELLISON, Mr. DAVIS of Illinois, 

Mr. GRIJALVA, and Ms. NORTON) introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to require the electronic recording of custodial interrogations in Federal 

criminal cases. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Effective Law Enforce5 ment Through Transparent Interrogations Act of 2010’’. 


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1 SEC. 2. RECORDING OF FEDERAL INVESTIGATIVE INTER2 ROGATIONS. 

3 (a) IN GENERAL.—Chapter 223 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 3512. Recording of Federal investigative interroga7 tions 

8 ‘‘(a) GENERALLY REQUIRED.—Except as provided in 

9 this section, a statement by an individual during a custo10 dial interrogation that is not electronically recorded, and 

11 all statements made thereafter by such individual during 

12 such interrogation, including statements that are elec13 tronically recorded, are inadmissible against such indi14 vidual in a prosecution for a Federal felony. 

15 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply if 

16 the court determines an imminent threat of bodily injury 

17 or other exigent circumstance made the electronic record18 ing of a custodial interrogation impracticable. 

19 ‘‘(c) AVAILABILITY TO PERSON INTERROGATED.— 

20 The Attorney General shall make available a copy of a 

21 electronic recording of a custodial interrogation to the in22 dividual who was subject to such interrogation. 

23 ‘‘(d) HANDLING AND PRESERVATION OF ELEC24 TRONIC RECORDING.— 

25 ‘‘(1) IN GENERAL.—The Attorney General shall 

26 identify and catalogue any electronic recording of a 


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1 custodial interrogation made pursuant to this sec2 tion. 

3 ‘‘(2) LENGTH OF PRESERVATION.—An elec4 tronic recording of a custodial interrogation 

5 catalogued under paragraph (1) shall not be de6 stroyed or altered in any way until— 

7 ‘‘(A) all appeals, post-conviction, habeas 

8 corpus proceedings, and all other orders and 

9 judgements with respect to an individual who 

10 was subject to such interrogation are final; 

11 ‘‘(B) the deadline by which such individual 

12 must file such proceedings or has expired; or 

13 ‘‘(C) the statute of limitations of the Fed14 eral felony, or any related offenses, for which 

15 such individual was subject to such interroga16 tion has expired. 

17 ‘‘(3) ELECTION OF LONGER PRESERVATION.— 

18 Upon petition by an individual, the court may order 

19 that a copy of an electronic recording of a custodial 

20 interrogation of such individual be preserved beyond 

21 the periods of time listed under paragraph (2). 

22 ‘‘(e) DEFINITIONS.—In this section— 

23 ‘‘(1) the term ‘custodial interrogation’ means 

24 an interview which occurs while an individual is in 

25 custody involving a law enforcement officer’s quesVerDate Mar 15 2010 00:22 Oct 08, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6245.IH H6245

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1 tioning that is reasonably likely to elicit incrimi2 nating responses; 

3 ‘‘(2) the term ‘electronic recording’ means an 

4 authentic, accurate, unaltered, and complete audio 

5 and visual record, including a motion picture, video6 tape, audio tape, or digital recording, beginning with 

7 the law enforcement officer’s advice of the individ8 ual’s constitutional rights and ending when the cus9 todial interrogation has finished, but that— 

10 ‘‘(A) an audio recording of a custodial in11 terrogation may be considered an electronic re12 cording when an audio and visual recording is 

13 not practicable; and 

14 ‘‘(B) if a visual recording is made of a cus15 todial interrogation, any camera used in making 

16 such recording shall be focused on both the law 

17 enforcement officer conducting such interroga18 tion and the individual subject to such interro19 gation; 

20 ‘‘(3) the term ‘law enforcement officer’ means 

21 an individual acting with public authority to inves22 tigate or prosecute a criminal offense; and 

23 ‘‘(4) the term ‘statement’ means an oral, writ24 ten, sign language, or nonverbal communication.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 223 of title 18, United States 

3 Code, is amended by adding at the end the following new 

4 item: 

‘‘3512. Recording of Federal investigative interrogations.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this Act shall apply in all proceedings commenced after 

7 the date of enactment of this Act and, insofar as is just 

8 and practicable, in all proceedings pending on such date 

9 of enactment. 

Æ 


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