Senate Bill sb2752
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Florida Senate - 2003 SB 2752
By Senator Campbell
32-688A-03 See HB 1709
1 A bill to be entitled
2 An act relating to statements by the accused;
3 providing a popular name; providing intent;
4 providing for applicability; providing
5 definitions; providing that statements made
6 during custodial interrogations are presumed
7 inadmissible; providing exceptions; providing
8 an effective date.
9
10 WHEREAS, the reputations of countless hard-working law
11 enforcement officers are needlessly attacked by criminal
12 suspects who falsely claim that the officers have violated
13 their constitutional rights, and
14 WHEREAS, limited trial court resources are squandered
15 in hearings on motions seeking to suppress statements made by
16 criminal suspects who are given the opportunity to make such
17 claims because no recordings of their interrogations exist,
18 and
19 WHEREAS, further judicial resources are squandered when
20 criminal suspects, after having been convicted of their
21 crimes, file frivolous and unnecessary appeals, and
22 WHEREAS, this process is costing the taxpayers of
23 Florida untold dollars each year, dollars which could be
24 better spent enhancing the administration of the criminal
25 justice system, and
26 WHEREAS, low cost technology is now available in every
27 jurisdiction to record each custodial interrogation of a
28 criminal suspect, eliminating this gross waste of resources
29 and enhancing the reliability and reputation of law
30 enforcement, NOW, THEREFORE,
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Florida Senate - 2003 SB 2752
32-688A-03 See HB 1709
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. (1) POPULAR NAME.--This act shall be known
4 by the popular name "The Brenton Butler Act."
5 (2) LEGISLATIVE INTENT.--The purpose of this act is to
6 enhance the quality of the prosecution of those who may be
7 guilty while affording protection to the innocent. It is
8 intended to create a verbatim record of the entire custodial
9 interrogation for the purpose of eliminating disputes in court
10 as to what factually occurred during the interrogation.
11 (3) APPLICABILITY.--This act shall apply to custodial
12 interrogations in which the accused is suspected of a felony.
13 (4) DEFINITIONS.--As used in this act:
14 (a) "Electronic recording" means the complete and
15 authentic reproduction of the entire custodial interrogation
16 of a criminal suspect, created by motion picture, videotape,
17 audiotape, or digital media.
18 (b) "Custodial interrogation" means the questioning by
19 law enforcement personnel or others acting in concert with or
20 on behalf of law enforcement personnel, which is conducted in
21 a police station, police vehicle, courthouse, correctional
22 facility, community correctional center, detention facility,
23 or other secure environment.
24 (5) PRESUMPTION OF INADMISSIBILITY.--
25 (a) An oral, written, or sign-language statement of a
26 defendant made during a custodial interrogation shall be
27 presumed inadmissible as evidence against a defendant in a
28 criminal proceeding unless:
29 1. The interrogation is electronically recorded in its
30 entirety.
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Florida Senate - 2003 SB 2752
32-688A-03 See HB 1709
1 2. Prior to the statement, but during the recording,
2 the accused is given the requisite Miranda warnings and the
3 accused knowingly, intelligently, and voluntarily waives any
4 rights set out in the warning.
5 3. The recording device was capable of making an
6 accurate recording, the operator was competent, and the
7 recording was not altered.
8 4. All voices on the recording that are material to
9 the custodial interrogation are identified.
10 5. During discovery, but in no circumstances later
11 than the 20th day before the date of the proceeding in which
12 the prosecution intends to offer the statement, the attorney
13 representing the defendant is provided with a true, complete,
14 and accurate copy of all recordings of the defendant made
15 under this act.
16 (b) The state may rebut a presumption of
17 inadmissibility through clear and convincing evidence that:
18 1. The statement was both voluntary and reliable; and
19 2. The law enforcement officers had good cause not to
20 tape the entire interrogation. For the purpose of this
21 subparagraph, good cause includes, but is not limited to, the
22 following circumstances:
23 a. The interrogation took place at a location not
24 identified by paragraph (4)(b) and under exigent circumstances
25 where the requisite recording equipment was not readily
26 available and there was no opportunity to move the defendant
27 to a location identified by paragraph (4)(b) or where the
28 requisite recording equipment was readily available;
29 b. The accused refused to have his or her
30 interrogation electronically recorded, and the refusal itself
31 was electronically recorded;
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2752
32-688A-03 See HB 1709
1 c. The failure to electronically record an entire
2 interrogation was the result of equipment failure and
3 obtaining replacement equipment was not feasible; or
4 d. The statements were obtained in the course of
5 electronic eavesdropping which was being conducted pursuant to
6 a properly obtained and issued warrant.
7 (c) Notwithstanding any other provision of this
8 subsection, a written, oral, or sign-language statement of the
9 accused made as a result of a custodial interrogation is
10 admissible against the accused in a criminal proceeding in
11 this state if:
12 1. The statement was obtained in another state and was
13 obtained by law enforcement personnel of that state, acting
14 independently of law enforcement personnel from Florida, in
15 compliance with the laws of that state; or
16 2. The statement was obtained by a federal law
17 enforcement officer in this state or another state during a
18 lawful federal criminal investigation and was obtained in
19 compliance with the laws of the United States.
20 (6) Every electronic recording made of a custodial
21 interrogation must be preserved until such time as the
22 defendant's conviction for any offense relating to the
23 interrogation is final and all direct and habeas corpus
24 appeals are exhausted, or the prosecution of such offenses is
25 barred by law.
26 (7) This act does not preclude the admission of a
27 statement made by the accused:
28 (a) At his or her trial or other hearing in open
29 court;
30 (b) Before a grand jury;
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Florida Senate - 2003 SB 2752
32-688A-03 See HB 1709
1 (c) That is the res gestae of the arrest or the
2 offense; or
3 (d) That does not stem from custodial interrogation.
4 Section 2. This act shall take effect July 1, 2003.
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