Senate Bill sb1936
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Florida Senate - 2004 SB 1936
By Senator Geller
31-992-04 See HB
1 A bill to be entitled
2 An act relating to custodial interrogations in
3 cases involving capital felonies; creating s.
4 901.241, F.S., providing purpose and intent to
5 create true, complete, and accurate records of
6 certain custodial interrogations in order to
7 eliminate factual disputes in court as to
8 events alleged to have occurred during such
9 interrogations; providing definitions;
10 describing circumstances in which an oral,
11 written, or sign language statement made by an
12 accused person during a custodial interrogation
13 is presumed inadmissible as evidence against
14 such person; describing circumstances in which
15 the prosecution may rebut such presumption;
16 describing circumstances in which law
17 enforcement officers may have good cause not to
18 electronically record all or part of an
19 interrogation; providing for the admissibility
20 of certain statements of an accused person when
21 made in certain proceedings or when obtained by
22 federal law enforcement officers or law
23 enforcement officers from other states;
24 providing for the preservation of electronic
25 recordings made pursuant to this act; providing
26 for admissibility of certain statements of an
27 accused person; providing an effective date.
28
29 WHEREAS, the reputations of countless hard-working law
30 enforcement officers are needlessly attacked by criminal
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Florida Senate - 2004 SB 1936
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1 suspects who falsely claim that the officers have violated
2 their constitutional rights, and
3 WHEREAS, limited trial court resources are squandered
4 in hearings on motions seeking to suppress statements made by
5 criminal suspects who are given the opportunity to make such
6 claims because no recordings of their interrogations exist,
7 and
8 WHEREAS, further judicial resources are squandered when
9 criminal suspects, after having been convicted of their
10 crimes, file frivolous and unnecessary appeals, and
11 WHEREAS, this process is costing the taxpayers of
12 Florida untold dollars each year, dollars which could be
13 better spent enhancing the administration of the criminal
14 justice system, and
15 WHEREAS, the low cost technology is now available in
16 every jurisdiction, to record each and every custodial
17 interrogation of a criminal suspect, eliminating this gross
18 waste of resources and enhancing the reliability and
19 reputation of law enforcement, NOW, THEREFORE,
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 901.241, Florida Statutes, is
24 created to read:
25 901.241 Custodial interrogations in cases involving
26 capital felonies.--
27 (1) This section shall apply to custodial
28 interrogations in which the accused person is suspected of
29 involvement in a capital felony.
30 (2) The purpose of this section is to enhance the
31 quality of prosecution of those who may be guilty while
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Florida Senate - 2004 SB 1936
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1 affording protection to the innocent by providing a true,
2 complete, and accurate record of the entire custodial
3 interrogation. This section is intended to eliminate factual
4 disputes in court as to events alleged to have occurred during
5 a custodial interrogation.
6 (3) As used in this section, the term:
7 (a) "Accused person" means a person who is suspected
8 of involvement in a capital felony.
9 (b) "Custodial interrogation" means questioning of an
10 accused person that is conducted in a law enforcement
11 facility, correctional facility, community correctional
12 center, detention facility, law enforcement vehicle,
13 courthouse, or other secure environment by law enforcement
14 personnel or others acting in concert with, or on behalf of,
15 law enforcement personnel.
16 (c) "Electronic recording" means a true, complete, and
17 accurate reproduction of the entire custodial interrogation of
18 an accused person. An electronic recording may be created by
19 motion picture, videotape, audiotape, or digital media.
20 (4) An oral, written, or sign language statement made
21 by an accused person during a custodial interrogation shall be
22 presumed inadmissible as evidence against such person in a
23 criminal proceeding unless:
24 (a) The interrogation is reproduced in its entirety by
25 means of an electronic recording.
26 (b) Prior to the statement, but during the electronic
27 recording, the accused person is given the requisite Miranda
28 warnings and the accused person knowingly, intelligently, and
29 voluntarily waives any rights set out in the warnings.
30 (c) The electronic recording device was capable of
31 making a true, complete, and accurate recording of the
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Florida Senate - 2004 SB 1936
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1 interrogation, the operator of such device was competent, and
2 the electronic recording has not been altered.
3 (d) All voices that are material to the custodial
4 interrogation are identified on the electronic recording.
5 (e) During discovery pursuant to Rule 3.220, Florida
6 Rules of Criminal Procedure, but in no circumstances later
7 than the 20th day before the date of the proceeding in which
8 the prosecution intends to offer the statement, the attorney
9 representing the defendant is provided with a true, complete,
10 and accurate copy of all electronic recordings of the
11 defendant made pursuant to this section.
12 (5)(a) In the absence of a true, complete, and
13 accurate electronic recording, the prosecution may rebut a
14 presumption of inadmissibility through clear and convincing
15 evidence that:
16 1. The statement was both voluntary and reliable.
17 2. Law enforcement officers had good cause not to
18 electronically record all or part of the interrogation.
19 (b) For purposes of paragraph (a), "good cause"
20 includes, but is not limited to, the following:
21 1. The interrogation occurred in a location not
22 identified in paragraph (3)(b) and under exigent circumstances
23 at which the requisite recording equipment was not readily
24 available and there was no reasonable opportunity to move the
25 defendant to a location identified in paragraph (3)(b) or to a
26 location at which the requisite recording equipment was
27 readily available;
28 2. The accused person refused to have the
29 interrogation electronically recorded and such refusal was
30 electronically recorded;
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1 3. 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 4. The statement of the accused person was obtained in
5 the course of electronic eavesdropping which was being
6 conducted pursuant to a properly obtained and issued warrant.
7 (6) Notwithstanding any other provision of this act, a
8 written, oral, or sign language statement of the accused
9 person made as a result of a custodial interrogation is
10 admissible in a criminal proceeding against the accused person
11 in this state if:
12 (a) The statement was obtained in another state by law
13 enforcement personnel of such state, acting independently of
14 law enforcement personnel of this state, in compliance with
15 the laws of such state.
16 (b) 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 (7) Every electronic recording of a custodial
21 interrogation made pursuant to this section must be preserved
22 until such time as the defendant's conviction for any offense
23 relating to the interrogation is final and all direct and
24 habeas corpus appeals are exhausted, or the prosecution of
25 such offenses is barred by law.
26 (8) This section does not preclude the admission into
27 evidence of a statement made by the accused person:
28 (a) At the person's trial or other hearing held in
29 open court;
30 (b) Before a grand jury;
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Florida Senate - 2004 SB 1936
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1 (c) That is the res gestae of the arrest or the
2 offense; or
3 (d) That does not arise from a custodial
4 interrogation, as defined by this section.
5 Section 2. This act shall take effect July 1, 2004.
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