Senate Bill sb0176

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    Florida Senate - 2007                                   SB 176

    By Senator Geller





    31-238-07

  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 definitions;

  5         describing circumstances in which an oral,

  6         written, or sign-language statement made by a

  7         capital interrogee during a custodial

  8         interrogation is presumed inadmissible as

  9         evidence against such person; describing

10         circumstances in which the prosecution may

11         rebut such presumption; describing

12         circumstances in which law enforcement officers

13         may have good cause not to electronically

14         record all or part of an interrogation;

15         providing for the admissibility of certain

16         statements of a capital interrogee when made in

17         certain proceedings or when obtained by federal

18         officers or officers from other states;

19         providing for the preservation of electronic

20         recordings; providing for admissibility of

21         certain statements of a capital interrogee;

22         providing a finding of important state

23         interest; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 901.241, Florida Statutes, is

28  created to read:

29         901.241  Custodial interrogations in cases involving

30  capital felonies.--

31  

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    Florida Senate - 2007                                   SB 176
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 1         (1)  This section applies to custodial interrogations

 2  in which the capital interrogee is suspected of involvement in

 3  a capital felony.

 4         (2)  As used in this section, the term:

 5         (a)  "Capital interrogee" means a person who, at the

 6  time of the interrogation and concerning any topic of the

 7  interrogation, is:

 8         1.  Charged with a capital felony; or

 9         2.  Suspected by those conducting the interrogation or

10  investigating the capital felony of involvement in the capital

11  felony.

12         (b)  "Custodial interrogation" or "interrogation" means

13  questioning of a capital interrogee in circumstances in which

14  a reasonable person placed in the same position would believe

15  that his or her freedom of action was curtailed to a degree

16  associated with actual arrest.

17         (c)  "Electronic recording" means a true, complete, and

18  accurate reproduction of a custodial interrogation. An

19  electronic recording may be created by motion picture,

20  videotape, audiotape, or digital or other media.

21         (d)  "Involvement" means participation in a crime as a

22  principal or an accessory.

23         (e)  "Interrogation facility" means a law enforcement

24  facility, correctional facility, community correctional

25  center, detention facility, law enforcement vehicle,

26  courthouse, or other secure environment.

27         (3)  An oral, written, or sign-language statement which

28  was made by a capital interrogee during a custodial

29  interrogation shall be presumed to be inadmissible as evidence

30  against such person in a criminal proceeding unless:

31  

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    Florida Senate - 2007                                   SB 176
    31-238-07




 1         (a)  The interrogation is reproduced in its entirety by

 2  means of an electronic recording.

 3         (b)  Prior to the statement, but during the electronic

 4  recording, the capital interrogee is given all

 5  constitutionally required warnings and the capital interrogee

 6  knowingly, intelligently, and voluntarily waives any rights

 7  set out in the warnings which would, absent such waiver,

 8  otherwise preclude the admission of the statement.

 9         (c)  The electronic recording device was capable of

10  making a true, complete, and accurate recording of the

11  interrogation, the operator of such device was competent, and

12  the electronic recording has not been altered.

13         (d)  All persons recorded in the recording who are

14  material to the custodial interrogation are identified on the

15  electronic recording.

16         (e)  During discovery pursuant to Rule 3.220, Florida

17  Rules of Criminal Procedure, but in no circumstances later

18  than the 20th day before the date of the proceeding in which

19  the prosecution intends to offer the statement, the attorney

20  representing a capital interrogee is provided with true,

21  complete, and accurate copies of all electronic recordings of

22  the capital interrogee which are made pursuant to this

23  section.

24         (4)(a)  In the absence of a true, complete, and

25  accurate electronic recording, the prosecution may rebut a

26  presumption of inadmissibility through clear and convincing

27  evidence that:

28         1.  The statement was both voluntary and reliable.

29         2.  Law enforcement officers had good cause not to

30  electronically record all or part of the interrogation.

31  

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 1         (b)  For purposes of paragraph (a), the term "good

 2  cause" includes, but is not limited to:

 3         1.  The interrogation occurred in a location other than

 4  an interrogation facility under exigent circumstances where

 5  the requisite recording equipment was not readily available,

 6  and there was no reasonable opportunity to move the capital

 7  interrogee to an interrogation facility or to another location

 8  at which the requisite recording equipment was readily

 9  available;

10         2.  The capital interrogee refused to have the

11  interrogation electronically recorded and such refusal was

12  electronically recorded;

13         3.  The failure to electronically record an entire

14  interrogation was the result of equipment failure and

15  obtaining replacement equipment was not feasible; or

16         4.  The statement of the capital interrogee was

17  obtained in the course of electronic eavesdropping that was

18  being conducted pursuant to a properly obtained and issued

19  warrant or that required no warrant and was otherwise legally

20  conducted.

21         (5)  Notwithstanding any other provision of this

22  section, a written, oral, or sign-language statement of the

23  capital interrogee which was made as a result of a custodial

24  interrogation is admissible in a criminal proceeding against

25  the capital interrogee in this state if:

26         (a)  The statement was obtained in another state by

27  investigative personnel of such state, acting independently of

28  law enforcement personnel of this state, in compliance with

29  the laws of such state; or

30         (b)  The statement was obtained by a federal officer in

31  this state or another state during a lawful federal

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 1  investigation and was obtained in compliance with the laws of

 2  the United States.

 3         (6)  Every electronic recording of a custodial

 4  interrogation made pursuant to this section must be preserved

 5  until the capital interrogee's conviction for any offense

 6  relating to the interrogation is final and all direct appeals

 7  and collateral challenges are exhausted, the prosecution of

 8  such offenses is barred by law, or the state irrevocably

 9  waives in writing any future prosecution of the capital

10  interrogee for any offense relating to the interrogation.

11         (7)  This section does not preclude the admission into

12  evidence of a statement made by the capital interrogee:

13         (a)  At his or her trial or other hearing held in open

14  court;

15         (b)  Before a grand jury;

16         (c)  Which is the res gestae of the arrest or the

17  offense; or

18         (d)  Which does not arise from a custodial

19  interrogation, as defined in this section.

20         Section 2.  The Legislature finds that the reputations

21  of countless hard-working law enforcement officers are

22  needlessly attacked by criminal suspects who falsely claim the

23  officers have violated the suspects' constitutional rights,

24  that limited trial court resources are squandered in hearings

25  on motions seeking to suppress statements made by criminal

26  suspects who are given the opportunity to make such claims

27  because no recordings of their interrogations exist, and,

28  further, that judicial resources are squandered when criminal

29  suspects, after having been convicted of their crimes, file

30  frivolous and unnecessary appeals. This process costs the

31  taxpayers of this state untold dollars each year, dollars that

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    Florida Senate - 2007                                   SB 176
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 1  could be better spent enhancing the administration of the

 2  criminal justice system. Low-cost technology is now available

 3  in every jurisdiction to record each custodial interrogation

 4  of a criminal suspect, eliminating this gross waste of

 5  resources and enhancing the reliability and reputation of law

 6  enforcement officers. Therefore, the Legislature determines

 7  and declares that this act fulfills an important state

 8  interest.

 9         Section 3.  This act shall take effect July 1, 2007.

10  

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12                          SENATE SUMMARY

13    Provides definitions. Describes circumstances in which an
      oral, written, or sign-language statement made by a
14    capital interrogee during a custodial interrogation is
      presumed inadmissible as evidence against such person.
15    Describes circumstances in which the prosecution may
      rebut such presumption. Describes circumstances in which
16    law enforcement officers may have good cause not to
      electronically record all or part of an interrogation.
17    Provides for the admissibility of certain statements of a
      capital interrogee when made in certain proceedings or
18    when obtained by federal officers or officers from other
      states. Provides for the preservation of electronic
19    recordings. Provides for admissibility of certain
      statements of a capital interrogee. Provides a finding of
20    important state interest.

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