Creates new law on recording interrogations

1 Co-sponsor

• Liz Krueger

BILL NUMBER:S1400

Title of bill

An act to amend the criminal procedure law, in relation to the electronic recording of interrogations

Purpose

The purpose of this act is to require the creation of an electronic record of an entire custodial interrogation in order to eliminate disputes in court as to what actually occurred during the interrogation, thereby improving prosecution of the guilty while affording protection to the innocent.

Summary of provisions

Section 1 of the bill adds §60.47 to the Criminal Procedure Law. This act will require the electronic recording of all custodial interrogations at places of detention. If a recording is not made of the interrogation, then any statements by the accused are presumed inadmissible as evidence in any criminal proceeding charging a felony offense.

Section 2 of the bill provides for suppression of evidence obtained in violation of the new section §60.47.

Section 3 of the bill provides that if the prosecution intends to offer a statement of the defendant at trial, notice must be given as to whether such statement was electronically recorded.

Section 4 of the bill provides the effective date.

Justification

The practice of electronically recording complete custodial interrogations has been on the increase both in the state and in the country. The benefits of recording interviews are obvious and the value in doing so has been widely recognized. Recording insures the integrity of the fact finding process by recording accurately the full course of the interrogation and reducing false denials that incriminating admissions were made, or that such admissions were obtained by coercion or intimidation. Recording also improves the quality of police interrogations through easier monitoring by supervisors, use of recordings for training purposes and the use of taped admissions to confront suspected accomplices. Finally, recording helps prevent the ill treatment of detainees and reduces the likelihood that the detainee can lodge false complaints of physical or psychological abuse.

Where the practice of mandated recording has been implemented, law enforcement organizations---even those initially opposed---have almost universally found the practice beneficial.

Legislative history

2009-2010: (S.7877) Referred to Codes

Fiscal impact

To be determined.

Effective date

This act shall take effect 90 days after it shall have become a law, and shall apply to any custodial interrogation that takes place on and after such date.