Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/27/2020  

Custodial interrogations; recording.

Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made during the custodial interrogation, but the court or jury may consider such failure in determining the weight given to such evidence. This bill is a recommendation of the Virginia Criminal Justice Conference.

Date Version PDF TXT
01/30/2020 House: Printed as engrossed 20101713D-E Open
01/07/2020 House: Prefiled and ordered printed; offered 01/08/20 20101713D Open

            

2020 SESSION

    20101713D
    HOUSE BILL NO. 1023
    House Amendments in [ ] � January 30, 2020
    A BILL to amend the Code of Virginia by adding a section numbered 19.2-390.04, relating to custodial interrogations; recording.
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    Patron Prior to Engrossment--Delegate Adams, L.R.
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    Referred to Committee for Courts of Justice
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    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding a section numbered 19.2-390.04 as follows:

    19.2-390.04. Custodial interrogations; recording.

    A. For purposes of this section:

    "Custodial interrogation" means any interview conducted by a law-enforcement officer in such circumstances that would lead a reasonable person to consider himself to be in custody associated with arrest and during which the law-enforcement officer takes actions or asks questions that are reasonably likely to elicit responses from the person that could incriminate him.

    "Place of detention" means a police station, sheriffs office, jail, detention center, or other similar facility in which suspects may be detained.

    B. A law-enforcement officer conducting a custodial interrogation of any person at a place of detention shall cause an audiovisual recording of [ the entirety of ] such custodial interrogation to be made. If such law-enforcement officer is unable to cause an audiovisual recording of [ the entirety of ] such custodial interrogation to be made, the law-enforcement officer shall cause an audio recording of [ the entirety of ] such custodial interrogation to be made.

    This subsection shall not apply when a law-enforcement officer conducting a custodial interrogation [ at a place of detention ] has good cause not to record such custodial interrogation. Good cause shall include those circumstances where (i) the recording equipment fails, (ii) the recording equipment is unavailable, or (iii) exigent circumstances relating to public safety exist that prevent the recording of such custodial interrogation.

    C. The failure of a law-enforcement officer to cause an audiovisual or audio recording to be made in accordance with subsection B shall not affect the admissibility of the statements made by the subject of the custodial interrogation, but such failure may be considered in determining the weight given to such evidence.

    D. Any audiovisual or audio recording made pursuant to subsection B shall be preserved until such time as (i) the person is acquitted or the charges against the person are otherwise dismissed and further prosecution of such charges is prohibited by law or (ii) if convicted or adjudicated delinquent, the person has completed service of his sentence and any modification of sentence, including any period or condition of probation, parole, or suspension of sentence, and all appeals and habeas corpus proceedings have been completed or the time for filing such appeals or habeas corpus proceedings has expired.

    Picture Name From Date Type
    Leslie R. (Les) Adams R-Richmond Sponsor
    Date Branch Action
    01/30/2020 House House: Printed as engrossed 20101713D-E
    01/27/2020 House House: Reported from Courts of Justice with amendments (20-Y 0-N)
    01/22/2020 House House: Subcommittee recommends reporting with amendments (8-Y 0-N)
    01/17/2020 House House: Assigned Courts sub: Criminal
    01/07/2020 House House: Prefiled and ordered printed; offered 01/08/20 20101713D
    01/07/2020 House House: Referred to Committee for Courts of Justice
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made duri
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Virginia
    1023 House Amendments in [ ] � January 30, 2020 A BILL to amend the Code of Virginia by adding a section numbered 19


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type