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REFERENCE TITLE: homicide; interrogations; electronic recording |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2332 |
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Introduced by Representatives Ash, Sinema: Ableser, Lesko
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AN ACT
amending section 13-3988, Arizona Revised Statutes; amending title 13, chapter 38, article 13, Arizona Revised Statutes, by adding section 13‑3988.01; relating to trials.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3988, Arizona Revised Statutes, is amended to read:
13-3988. Admissibility of confessions; definition
A. Except as provided in section 13-3988.01, in any criminal prosecution brought by the state, a confession shall be admissible in evidence if it is voluntarily given. Before such the confession is received in evidence, the trial judge shall, out of the presence of the jury, Shall determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made, it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such weight to the confession as the jury feels it deserves under all the circumstances.
B. The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including but not limited to the following:
1. The time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment.
2. Whether such the defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession.
3. Whether or not such the defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him.
4. Whether or not such the defendant had been advised prior to before questioning of his right to the assistance of counsel.
5. Whether or not such the defendant was without the assistance of counsel when questioned and when giving such the confession.
C. The presence or absence of any of the factors indicated in subsection B, paragraphs 1 through 5 of this subsection which section that are taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession.
C. D. Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such the confession was not under arrest or other detention.
E. As used in For the purposes of this section, the term "confession" means any confession of guilt of any criminal offense or any self‑incriminating statement made or given orally or in writing.
Sec. 2. Title 13, chapter 38, article 13, Arizona Revised Statutes, is amended by adding section 13-3988.01, to read:
13-3988.01. Custodial interrogations in homicide investigations; electronic recording; definitions
A. An oral, written or sign language statement that is made by an accused during any custodial interrogation at a law enforcement agency or other place of detention in any homicide investigation shall be electronically recorded in its entirety.
B. This section does not apply to a statement that is any of the following:
1. Made by the accused in open court, before a grand jury or at a preliminary hearing.
2. Spontaneous and not made in response to a question.
3. Made after questioning that is routinely asked during the processing of a suspect.
4. Made during a custodial interrogation that was conducted out‑of‑state.
5. Obtained by a federal law enforcement officer in a federal place of detention.
6. Given at a time when the interrogators were unaware that a death had in fact occurred.
7. Otherwise inadmissible under this section but that is used only for impeachment and not as substantive evidence.
C. Any statement that is made by an accused and that is electronically recorded pursuant to this section is confidential.
D. The state shall preserve any electronic recording that is made of a custodial interrogation until the defendant's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted or the prosecution of the offense or offenses is barred by law.
E. For the purposes of this section:
1. "Custodial interrogation" means any interrogation to which both of the following apply:
(a) A reasonable person in the subject's position would consider himself to be in custody.
(b) A question is asked that is reasonably likely to elicit an incriminating response.
2. "Electronic recording" includes a motion picture, audiotape, videotape or digital recording.
3. "Place of detention" means a police station, correctional facility, holding facility for prisoners or other government facility where persons are held in detention in connection with criminal charges that have been or may be filed against them. Place of detention does not include a courthouse.