HB 0783 2004
1	A bill to be entitled
2	An act relating to custodial interrogations in cases
3	involving capital felonies; creating s. 901.241, F.S.,
4	providing purpose and intent to create true, complete, and
5	accurate records of certain custodial interrogations in
6	order to eliminate factual disputes in court as to events
7	alleged to have occurred during such interrogations;
8	providing definitions; describing circumstances in which
9	an oral, written, or sign language statement made by an
10	accused person during a custodial interrogation is
11	presumed inadmissible as evidence against such person;
12	describing circumstances in which the prosecution may
13	rebut such presumption; describing circumstances in which
14	law enforcement officers may have good cause not to
15	electronically record all or part of an interrogation;
16	providing for the admissibility of certain statements of
17	an accused person when made in certain proceedings or when
18	obtained by federal law enforcement officers or law
19	enforcement officers from other states; providing for the
20	preservation of electronic recordings made pursuant to
21	this act; providing for admissibility of certain
22	statements of an accused person; providing an effective
23	date.
24
25	WHEREAS, the reputations of countless hard-working law
26	enforcement officers are needlessly attacked by criminal
27	suspects who falsely claim that the officers have violated their
28	constitutional rights, and
29	WHEREAS, limited trial court resources are squandered in
30	hearings on motions seeking to suppress statements made by
31	criminal suspects who are given the opportunity to make such
32	claims because no recordings of their interrogations exist, and
33	WHEREAS, further judicial resources are squandered when
34	criminal suspects, after having been convicted of their crimes,
35	file frivolous and unnecessary appeals, and
36	WHEREAS, this process is costing the taxpayers of Florida
37	untold dollars each year, dollars which could be better spent
38	enhancing the administration of the criminal justice system, and
39	WHEREAS, the low cost technology is now available in every
40	jurisdiction, to record each and every custodial interrogation
41	of a criminal suspect, eliminating this gross waste of resources
42	and enhancing the reliability and reputation of law enforcement,
43	NOW, THEREFORE,
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1. Section 901.241, Florida Statutes, is created
48	to read:
49	901.241 Custodial interrogations in cases involving
50	capital felonies.--
51	(1) This section shall apply to custodial interrogations
52	in which the accused person is suspected of involvement in a
53	capital felony.
54	(2) The purpose of this section is to enhance the quality
55	of prosecution of those who may be guilty while affording
56	protection to the innocent by providing a true, complete, and
57	accurate record of the entire custodial interrogation. This
58	section is intended to eliminate factual disputes in court as to
59	events alleged to have occurred during a custodial
60	interrogation.
61	(3) As used in this section, the term:
62	(a) "Accused person" means a person who is suspected of
63	involvement in a capital felony.
64	(b) "Custodial interrogation" means questioning of an
65	accused person that is conducted in a law enforcement facility,
66	correctional facility, community correctional center, detention
67	facility, law enforcement vehicle, courthouse, or other secure
68	environment by law enforcement personnel or others acting in
69	concert with, or on behalf of, law enforcement personnel.
70	(c) "Electronic recording" means a true, complete, and
71	accurate reproduction of the entire custodial interrogation of
72	an accused person. An electronic recording may be created by
73	motion picture, videotape, audiotape, or digital media.
74	(4) An oral, written, or sign language statement made by
75	an accused person during a custodial interrogation shall be
76	presumed inadmissible as evidence against such person in a
77	criminal proceeding unless:
78	(a) The interrogation is reproduced in its entirety by
79	means of an electronic recording.
80	(b) Prior to the statement, but during the electronic
81	recording, the accused person is given the requisite Miranda
82	warnings and the accused person knowingly, intelligently, and
83	voluntarily waives any rights set out in the warnings.
84	(c) The electronic recording device was capable of making
85	a true, complete, and accurate recording of the interrogation,
86	the operator of such device was competent, and the electronic
87	recording has not been altered.
88	(d) All voices that are material to the custodial
89	interrogation are identified on the electronic recording.
90	(e) During discovery pursuant to Rule 3.220, Florida Rules
91	of Criminal Procedure, but in no circumstances later than the
92	20th day before the date of the proceeding in which the
93	prosecution intends to offer the statement, the attorney
94	representing the defendant is provided with a true, complete,
95	and accurate copy of all electronic recordings of the defendant
96	made pursuant to this section.
97	(5)(a) In the absence of a true, complete, and accurate
98	electronic recording, the prosecution may rebut a presumption of
99	inadmissibility through clear and convincing evidence that:
100	1. The statement was both voluntary and reliable.
101	2. Law enforcement officers had good cause not to
102	electronically record all or part of the interrogation.
103	(b) For purposes of paragraph (a), “good cause” includes,
104	but is not limited to, the following:
105	1. The interrogation occurred in a location not identified
106	in paragraph (3)(b) and under exigent circumstances at which the
107	requisite recording equipment was not readily available and
108	there was no reasonable opportunity to move the defendant to a
109	location identified in paragraph (3)(b) or to a location at
110	which the requisite recording equipment was readily available;
111	2. The accused person refused to have the interrogation
112	electronically recorded and such refusal was electronically
113	recorded;
114	3. The failure to electronically record an entire
115	interrogation was the result of equipment failure and obtaining
116	replacement equipment was not feasible; or
117	4. The statement of the accused person was obtained in the
118	course of electronic eavesdropping which was being conducted
119	pursuant to a properly obtained and issued warrant.
120	(6) Notwithstanding any other provision of this act, a
121	written, oral, or sign language statement of the accused person
122	made as a result of a custodial interrogation is admissible in a
123	criminal proceeding against the accused person in this state if:
124	(a) The statement was obtained in another state by law
125	enforcement personnel of such state, acting independently of law
126	enforcement personnel of this state, in compliance with the laws
127	of such state.
128	(b) The statement was obtained by a federal law
129	enforcement officer in this state or another state during a
130	lawful federal criminal investigation and was obtained in
131	compliance with the laws of the United States.
132	(7) Every electronic recording of a custodial
133	interrogation made pursuant to this section must be preserved
134	until such time as the defendant’s conviction for any offense
135	relating to the interrogation is final and all direct and habeas
136	corpus appeals are exhausted, or the prosecution of such
137	offenses is barred by law.
138	(8) This section does not preclude the admission into
139	evidence of a statement made by the accused person:
140	(a) At the person's trial or other hearing held in open
141	court;
142	(b) Before a grand jury;
143	(c) That is the res gestae of the arrest or the offense;
144	or
145	(d) That does not arise from a custodial interrogation, as
146	defined by this section.
147	Section 2. This act shall take effect July 1, 2004.