Requires audio and video recording of statements made during criminal interrogations of felony offenses

BILL NUMBER:S2019

Title of bill

An act to amend the criminal procedure law, in relation to requiring the recording of statements in certain criminal investigations

Purpose

To require the audio and video recording of statements made during criminal interrogations of felony offenses. The mandated electronic recording of the entire interrogation process protects the innocent, ensures the admissibility of legitimate confessions, and helps law enforcement defend against allegations of coercion.

Summary of provisions

Section 1: Legislative findings

Section 2: Adds a new section 60.53 to the criminal procedure law to 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 3: Effective Date

Justification

For many reasons -- including mental health issues and aggressive law enforcement tactics -- innocent people sometimes confess to crimes they did not commit. While it can be hard to understand why someone would falsely confess to a crime, psychological research has provided some answers -- and DNA exonerations have proven that the problem is more widespread than many people think. In more than 25% of the wrongful convictions overturned with DNA evidence, defendants made false confessions, admissions or statements to law enforcement officials.

The electronic recording of interrogations, from the reading of Miranda rights onward, is the single best reform available to stem the tide of false confessions. The electronic recording of interrogations proposed in this legislation would help the innocent by creating a record of the entire interrogation, including the interaction leading up to the confession; ensuring that the suspect's rights are protected in the interrogation process; and creating a deterrent against improper or coercive techniques that might be employed absent the presence of a recording device.

The electronic recording of interrogations proposed in this legislation would also assist law enforcement by preventing disputes about how an officer conducted him or herself or treated a suspect; creating a record of statements made by the suspect, making it difficult for a defendant to change an account of events originally provided to law enforcement; permitting officers to concentrate on the interview, rather than being distracted by copious note-taking during the course of the interrogation; capturing subtle details that

may be lost if unrecorded, which helps law enforcement better investigate the crime; and enhancing public confidence in law enforcement, while reducing the number of citizen complaints against the police.

Several other states have already enacted legislation requiring the recording of custodial interrogations and approximately 500 jurisdictions have voluntarily adopted recording policies. Mandating the recording of custodial interrogations would protect the innocent, ensure the admissibility of legitimate confessions, and help law enforcement defend against allegations of coercion.

Legislative history

2010: S.2345 - Referred to Codes 2008: S.8514 - Referred to Rules

Fiscal implications

To be determined.

Effective date

This act shall take effect on November first next succeeding the date on which it shall have become law and shall apply to custodial interrogations occurring on or after such effective date.