HB 1023

            
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.