Text: H.R.6245 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (09/29/2010)


111th CONGRESS
2d Session
H. R. 6245


To amend title 18, United States Code, to require the electronic recording of custodial interrogations in Federal criminal cases.


IN THE HOUSE OF REPRESENTATIVES

September 29, 2010

Mr. Johnson of Georgia (for himself, Mr. Ellison, Mr. Davis of Illinois, Mr. Grijalva, and Ms. Norton) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to require the electronic recording of custodial interrogations in Federal criminal cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Effective Law Enforcement Through Transparent Interrogations Act of 2010”.

SEC. 2. Recording of Federal investigative interrogations.

(a) In general.—Chapter 223 of title 18, United States Code, is amended by adding at the end the following:

§ 3512. Recording of Federal investigative interrogations

“(a) Generally required.—Except as provided in this section, a statement by an individual during a custodial interrogation that is not electronically recorded, and all statements made thereafter by such individual during such interrogation, including statements that are electronically recorded, are inadmissible against such individual in a prosecution for a Federal felony.

“(b) Exceptions.—Subsection (a) does not apply if the court determines an imminent threat of bodily injury or other exigent circumstance made the electronic recording of a custodial interrogation impracticable.

“(c) Availability to person interrogated.—The Attorney General shall make available a copy of a electronic recording of a custodial interrogation to the individual who was subject to such interrogation.

“(d) Handling and preservation of electronic recording.—

“(1) IN GENERAL.—The Attorney General shall identify and catalogue any electronic recording of a custodial interrogation made pursuant to this section.

“(2) LENGTH OF PRESERVATION.—An electronic recording of a custodial interrogation catalogued under paragraph (1) shall not be destroyed or altered in any way until—

“(A) all appeals, post-conviction, habeas corpus proceedings, and all other orders and judgements with respect to an individual who was subject to such interrogation are final;

“(B) the deadline by which such individual must file such proceedings or has expired; or

“(C) the statute of limitations of the Federal felony, or any related offenses, for which such individual was subject to such interrogation has expired.

“(3) ELECTION OF LONGER PRESERVATION.—Upon petition by an individual, the court may order that a copy of an electronic recording of a custodial interrogation of such individual be preserved beyond the periods of time listed under paragraph (2).

“(e) Definitions.—In this section—

“(1) the term ‘custodial interrogation’ means an interview which occurs while an individual is in custody involving a law enforcement officer’s questioning that is reasonably likely to elicit incriminating responses;

“(2) the term ‘electronic recording’ means an authentic, accurate, unaltered, and complete audio and visual record, including a motion picture, videotape, audio tape, or digital recording, beginning with the law enforcement officer’s advice of the individual’s constitutional rights and ending when the custodial interrogation has finished, but that—

“(A) an audio recording of a custodial interrogation may be considered an electronic recording when an audio and visual recording is not practicable; and

“(B) if a visual recording is made of a custodial interrogation, any camera used in making such recording shall be focused on both the law enforcement officer conducting such interrogation and the individual subject to such interrogation;

“(3) the term ‘law enforcement officer’ means an individual acting with public authority to investigate or prosecute a criminal offense; and

“(4) the term ‘statement’ means an oral, written, sign language, or nonverbal communication.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by adding at the end the following new item:


“3512. Recording of Federal investigative interrogations.”.

(c) Effective date.—The amendments made by this Act shall apply in all proceedings commenced after the date of enactment of this Act and, insofar as is just and practicable, in all proceedings pending on such date of enactment.