HB 433

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 definitions; describing circumstances in which
5	an oral, written, or sign language statement made by a
6	capital interrogee during a custodial interrogation is
7	presumed inadmissible as evidence against such person;
8	describing circumstances in which the prosecution may
9	rebut such presumption; describing circumstances in which
10	law enforcement officers may have good cause not to
11	electronically record all or part of an interrogation;
12	providing for the admissibility of certain statements of a
13	capital interrogee when made in certain proceedings or
14	when obtained by federal officers or officers from other
15	states; providing for the preservation of electronic
16	recordings; providing for admissibility of certain
17	statements of a capital interrogee; providing a finding of
18	important state interest; providing application; providing
19	an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 901.241, Florida Statutes, is created
24	to read:
25	901.241  Custodial interrogations in cases involving
26	capital felonies.--
27	(1)  This section shall apply to custodial interrogations
28	in which the capital interrogee is suspected of involvement in a
29	capital felony.
30	(2)  As used in this section, the term:
31	(a)  "Capital interrogee" means a person who, at the time
32	of the interrogation and concerning any topic of the
33	interrogation, is:
34	1.  Charged with a capital felony; or
35	2.  Suspected by those conducting the interrogation or
36	investigating the capital felony of involvement in the capital
37	felony.
38	(b)  "Custodial interrogation" or "interrogation" means
39	questioning of a capital interrogee in circumstances in which a
40	reasonable person placed in the same position would believe that
41	his or her freedom of action was curtailed to a degree
42	associated with actual arrest.
43	(c)  "Electronic recording" means a true, complete, and
44	accurate reproduction of a custodial interrogation. An
45	electronic recording may be created by motion picture,
46	videotape, audiotape, or digital or other media.
47	(d)  "Involvement" means participation in a crime as a
48	principal or an accessory.
49	(e)  "Interrogation facility" means a law enforcement
50	facility, correctional facility, community correctional center,
51	detention facility, law enforcement vehicle, courthouse, or
52	other secure environment.
53	(3)  An oral, written, or sign language statement made by a
54	capital interrogee during a custodial interrogation shall be
55	presumed to be inadmissible as evidence against such person in a
56	criminal proceeding unless:
57	(a)  The interrogation is reproduced in its entirety by
58	means of an electronic recording.
59	(b)  Prior to the statement, but during the electronic
60	recording, the capital interrogee is given all constitutionally
61	required warnings and the capital interrogee knowingly,
62	intelligently, and voluntarily waives any rights set out in the
63	warnings that would, absent such waiver, otherwise preclude the
64	admission of the statement.
65	(c)  The electronic recording device was capable of making
66	a true, complete, and accurate recording of the interrogation,
67	the operator of such device was competent, and the electronic
68	recording has not been altered.
69	(d)  All persons recorded in the recording who are material
70	to the custodial interrogation are identified on the electronic
71	recording.
72	(e)  During discovery pursuant to Rule 3.220, Florida Rules
73	of Criminal Procedure, but in no circumstances later than the
74	20th day before the date of the proceeding in which the
75	prosecution intends to offer the statement, the attorney
76	representing a capital interrogee is provided with true,
77	complete, and accurate copies of all electronic recordings of
78	the capital interrogee made pursuant to this section.
79	(4)(a)  In the absence of a true, complete, and accurate
80	electronic recording, the prosecution may rebut a presumption of
81	inadmissibility through clear and convincing evidence that:
82	1.  The statement was both voluntary and reliable.
83	2.  Law enforcement officers had good cause not to
84	electronically record all or part of the interrogation.
85	(b)  For purposes of paragraph (a), "good cause" includes,
86	but is not limited to, the following:
87	1.  The interrogation occurred in a location other than an
88	interrogation facility under exigent circumstances where the
89	requisite recording equipment was not readily available, and
90	there was no reasonable opportunity to move the capital
91	interrogee to an interrogation facility or to another location
92	at which the requisite recording equipment was readily
93	available;
94	2.  The capital interrogee refused to have the
95	interrogation electronically recorded and such refusal was
96	electronically recorded;
97	3.  The failure to electronically record an entire
98	interrogation was the result of equipment failure and obtaining
99	replacement equipment was not feasible; or
100	4.  The statement of the capital interrogee was obtained in
101	the course of electronic eavesdropping that was being conducted
102	pursuant to a properly obtained and issued warrant or that
103	required no warrant and was otherwise legally conducted.
104	(5)  Notwithstanding any other provision of this section, a
105	written, oral, or sign language statement of the capital
106	interrogee made as a result of a custodial interrogation is
107	admissible in a criminal proceeding against the capital
108	interrogee in this state if:
109	(a)  The statement was obtained in another state by
110	investigative personnel of such state, acting independently of
111	law enforcement personnel of this state, in compliance with the
112	laws of such state; or
113	(b)  The statement was obtained by a federal officer in
114	this state or another state during a lawful federal
115	investigation and was obtained in compliance with the laws of
116	the United States.
117	(6)  Every electronic recording of a custodial
118	interrogation made pursuant to this section must be preserved
119	until the capital interrogee's conviction for any offense
120	relating to the interrogation is final and all direct appeals
121	and collateral challenges are exhausted, the prosecution of such
122	offenses is barred by law, or the state irrevocably waives in
123	writing any future prosecution of the capital interrogee for any
124	offense relating to the interrogation.
125	(7)  This section does not preclude the admission into
126	evidence of a statement made by the capital interrogee:
127	(a)  At his or her trial or other hearing held in open
128	court;
129	(b)  Before a grand jury;
130	(c)  That is the res gestae of the arrest or the offense;
131	or
132	(d)  That does not arise from a custodial interrogation, as
133	defined in this section.
134	Section 2.  The Legislature finds that the reputations of
135	countless hard-working law enforcement officers are needlessly
136	attacked by criminal suspects who falsely claim the officers
137	have violated the suspects' constitutional rights, that limited
138	trial court resources are squandered in hearings on motions
139	seeking to suppress statements made by criminal suspects who are
140	given the opportunity to make such claims because no recordings
141	of their interrogations exist, and, further, that judicial
142	resources are squandered when criminal suspects, after having
143	been convicted of their crimes, file frivolous and unnecessary
144	appeals. This process costs the taxpayers of this state untold
145	dollars each year, dollars that could be better spent enhancing
146	the administration of the criminal justice system. Low-cost
147	technology is now available in every jurisdiction to record each
148	custodial interrogation of a criminal suspect, eliminating this
149	gross waste of resources and enhancing the reliability and
150	reputation of law enforcement. Therefore, the Legislature
151	determines and declares that this act fulfills an important
152	state interest.
153	Section 3.  This act shall take effect July 1, 2006, and
154	shall apply to interrogations taking place on or after that
155	date.

CODING: Words stricken are deletions; words underlined are additions.