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.

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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,

31  

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






    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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    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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