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REFERENCE TITLE: electronic recording; custodial interrogation |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1512 |
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Introduced by Senator Quezada: Representative Andrade
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AN ACT
amending title 13, chapter 38, article 13, Arizona Revised Statutes, by adding section 13‑3988.01; relating to law enforcement interrogations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, article 13, Arizona Revised Statutes, is amended by adding section 13-3988.01, to read:
13-3988.01. Custodial interrogations; electronic recording; rules; exceptions; definitions
A. Each law enforcement agency in this State shall adopt detailed, written policies regarding the electronic recording of custodial interrogations that are conducted in a place of detention and shall make those policies available:
1. To all law enforcement officers who are employed by the law enforcement agency.
2. For public inspection during normal business hours.
B. The policies must include the following:
1. Except as provided in paragraph 3 of this subsection, a requirement that an electronic recording must be made of an entire custodial interrogation that is conducted in a place of detention if the person being interrogated is suspected of committing homicide or sexual assault pursuant to section 13‑1406.
2. Except as provided in paragraph 3 of this subsection, a requirement that if a person being interrogated chooses to make or sign a written statement during the course of a custodial interrogation concerning an offense involving homicide or sexual assault pursuant to section 13‑1406, the making and signing of the statement must be electronically recorded.
3. The circumstances in which all or a portion of a custodial interrogation is not required to be electronically recorded, including when:
(a) An equipment malfunction prevents the electronic recording of the custodial interrogation in its entirety and replacement equipment is not immediately available.
(b) The law enforcement officer conducting the custodial interrogation fails, in good faith, to record the interrogation because either:
(i) the officer inadvertently fails to operate the recording equipment properly.
(ii) The recording equipment malfunctions or stops recording without the law enforcement officer's knowledge.
(c) More than one custodial interrogation is being conducted simultaneously, thereby exceeding the available electronic recording capacity of the recording equipment.
(d) The person who is being or will be interrogated:
(i) Affirmatively asserts the person's desire to speak with law enforcement officers without being recorded.
(ii) Makes a statement spontaneously and not in response to a question asked during the custodial interrogation.
(iii) Makes a statement during routine questioning during the process of the person's arrest.
(iv) Makes a statement at a time when the law enforcement officer conducting the interrogation is, in good faith, unaware of the person's involvement in a homicide, a sexual assault pursuant to section 13‑1406 or an offense for which a custodial interrogation is otherwise required to be electronically recorded in accordance with the policies adopted pursuant to this section.
(e) At the time of the custodial interrogation, the law enforcement officer conducting the interrogation is, in good faith, unaware that the type of offense involved is a homicide, a sexual assault pursuant to section 13‑1406 or an offense for which a custodial interrogation is otherwise required to be electronically recorded in accordance with the policies adopted pursuant to this section.
(f) Exigent circumstances make recording impracticable.
4. Requirements pertaining to retaining and storing the electronic recordings.
5. The circumstances in which all or a portion of an electronic recording is not required to be retained, including when the electronic recording is damaged or destroyed, without bad faith on the part of any person or entity in control of the electronic recording.
C. Each law enforcement agency in this State shall collaborate with the county attorney of the county in which the law enforcement agency is located regarding the contents of the policies that are required to be adopted pursuant to this section.
D. For the purposes of this section:
1. "Custodial interrogation" means any interrogation of a person who is required to be advised of the person's rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966).
2. "Electronic recording" means an audio or audiovisual recording.
3. "Interrogation" means questioning that is initiated by a law enforcement officer or any words or actions on the part of a law enforcement officer, other than those that are ordinarily attendant to arrest and custody, that the officer should know are reasonably likely to elicit an incriminating response from the person who is being questioned.
4. "Law enforcement agency" means either:
(a) The county sheriff.
(b) A police department of a city or town.
5. "Place of detention" means a fixed location that is under the control of a law enforcement agency of this State where a person is questioned about alleged crimes.
Sec. 2. Effective date
This act is effective from and after June 30, 2021.