House File 2112 - Introduced
HOUSE FILE
BY HUTTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to electronically recording an interrogation of a
2 person accused of murder.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5031HH 81
5 jm/je/5
PAG LIN
1 1 Section 1. Section 232.45, subsection 11, Code 2005, is
1 2 amended by adding the following new unnumbered paragraph after
1 3 unnumbered paragraph 2:
1 4 NEW UNNUMBERED PARAGRAPH. Statements made by a juvenile
1 5 who is the suspect in a murder investigation, even though
1 6 otherwise deemed admissible pursuant to this subsection, are
1 7 only inadmissible if they comply with section 232.47A.
1 8 Sec. 2. Section 232.47, subsection 6, Code 2005, is
1 9 amended by adding the following new unnumbered paragraph:
1 10 NEW UNNUMBERED PARAGRAPH. Statements made by a juvenile
1 11 who is the suspect in a murder investigation, even though
1 12 otherwise deemed admissible pursuant to this subsection, are
1 13 only inadmissible if they comply with section 232.47A.
1 14 Sec. 3. NEW SECTION. 232.47A RECORDING A MURDER
1 15 INTERROGATION.
1 16 1. As used in this section:
1 17 a. "Accused juvenile" means any person suspected by a
1 18 peace officer of committing a murder in violation of chapter
1 19 707.
1 20 b. "Electronic recording" means a motion picture,
1 21 audiotape, videotape, or digital recording.
1 22 c. "Interrogation" means any interrogation that takes
1 23 place when a reasonable juvenile would consider the reasonable
1 24 juvenile's self to be in custody and a question is asked that
1 25 is reasonably likely to elicit an incriminating response.
1 26 d. "Place of detention" means a building that is a place
1 27 of operation for a city police department, county sheriff, or
1 28 other law enforcement agency, or is a place where a juvenile
1 29 may be held in detention and questioned in connection with a
1 30 delinquent act.
1 31 2. An oral, written, or sign language statement of an
1 32 accused juvenile made as a result of an interrogation at a
1 33 place of detention shall be presumed to be inadmissible
1 34 against the accused juvenile in any juvenile or criminal
1 35 proceeding unless an electronic recording of the interrogation
2 1 is made and the electronic recording is substantially accurate
2 2 and not intentionally altered.
2 3 3. If the court finds, by a preponderance of the evidence,
2 4 that the accused juvenile was subjected to an interrogation
2 5 not in accordance with this section, any statements made by
2 6 the accused juvenile during or following the nonrecorded or
2 7 improperly recorded custodial interrogation are presumed to be
2 8 inadmissible in any criminal proceeding against the accused
2 9 juvenile.
2 10 4. Except as otherwise provided by law, this section does
2 11 not preclude the admissibility of any of the following:
2 12 a. A statement made by the accused juvenile in open court.
2 13 b. A statement made during an interrogation that was not
2 14 electronically recorded because such a recording was not
2 15 feasible.
2 16 c. A voluntary statement, whether or not the result of an
2 17 interrogation.
2 18 d. A statement made during an interrogation by an accused
2 19 juvenile who, prior to making such a statement, asks that a
2 20 recording of the statement not be made.
2 21 e. A statement made during an interrogation that is made
2 22 out of state.
2 23 f. A statement made at a time the interrogators are
2 24 unaware that a murder has occurred.
2 25 g. A statement used for impeachment purposes.
2 26 h. Any other statement that may be admissible under any
2 27 other law.
2 28 5. The state shall bear the burden of proving beyond a
2 29 reasonable doubt that a statement not electronically recorded
2 30 in accordance with subsection 3 is admissible under subsection
2 31 4.
2 32 6. An electronic recording made under this section shall
2 33 be preserved until such time as all appeals have been
2 34 exhausted.
2 35 Sec. 4. NEW SECTION. 707.12 RECORDING A MURDER
3 1 INTERROGATION.
3 2 1. As used in this section:
3 3 a. "Accused person" means any person suspected by a peace
3 4 officer of committing a murder in violation of this chapter.
3 5 b. "Electronic recording" means a motion picture,
3 6 audiotape, videotape, or digital recording.
3 7 c. "Interrogation" means any interrogation that takes
3 8 place when a reasonable person would consider the reasonable
3 9 person's self to be in custody and a question is asked that is
3 10 reasonably likely to elicit an incriminating response.
3 11 d. "Place of detention" means a building that is a place
3 12 of operation for a city police department, county sheriff, or
3 13 other law enforcement agency, or is a place where a person may
3 14 be held in detention and questioned in connection with a
3 15 criminal charge.
3 16 2. An oral, written, or sign language statement of an
3 17 accused person made as a result of an interrogation at a place
3 18 of detention shall be presumed to be inadmissible against the
3 19 accused person in any criminal proceeding unless an electronic
3 20 recording of the interrogation is made and the electronic
3 21 recording is substantially accurate and not intentionally
3 22 altered.
3 23 3. If the court finds, by a preponderance of the evidence,
3 24 that the accused person was subjected to an interrogation not
3 25 in accordance with this section, any statements made by the
3 26 accused person during or following the nonrecorded or
3 27 improperly recorded custodial interrogation are presumed to be
3 28 inadmissible in any criminal proceeding against the accused
3 29 person.
3 30 4. Except as otherwise provided by law, this section does
3 31 not preclude the admissibility of any of the following:
3 32 a. A statement made by the accused person in open court.
3 33 b. A statement made during a custodial interrogation that
3 34 was not electronically recorded because such a recording was
3 35 not feasible.
4 1 c. A voluntary statement, whether or not the result of a
4 2 custodial interrogation.
4 3 d. A statement made during a custodial interrogation by an
4 4 accused person who, prior to making such a statement, asks
4 5 that a recording of the statement not be made.
4 6 e. A statement made during a custodial interrogation that
4 7 is made out of state.
4 8 f. A statement made at a time the interrogators are
4 9 unaware that a murder has occurred.
4 10 g. A statement used for impeachment purposes.
4 11 h. Any other statement that may be admissible under any
4 12 other law.
4 13 5. The state shall bear the burden of proving beyond a
4 14 reasonable doubt that a statement not electronically recorded
4 15 in accordance with subsection 3 is admissible under subsection
4 16 4.
4 17 6. An electronic recording made under this section shall
4 18 be preserved until such time as all appeals have been
4 19 exhausted.
4 20 EXPLANATION
4 21 This bill relates to electronically recording an
4 22 interrogation of an adult or juvenile accused of murder.
4 23 The bill requires a peace officer to electronically record
4 24 an interrogation of an adult or a juvenile suspected of
4 25 murder. Under the bill, if the interrogation is not recorded
4 26 and the adult or juvenile makes incriminating statements
4 27 during the interrogation, the statements are not admissible at
4 28 trial. The bill defines "electronic recording" to mean a
4 29 motion picture, audiotape, videotape, or digital recording.
4 30 The bill defines "interrogation" to mean any interrogation
4 31 that takes place when a reasonable person or juvenile would
4 32 consider himself or herself to be in custody and a question is
4 33 asked that is reasonably likely to elicit an incriminating
4 34 response.
4 35 The bill requires the electronic recording to be preserved
5 1 until such time as all appeals have been exhausted.
5 2 Except as otherwise provided by law, statements that are
5 3 not recorded are admissible under the bill under the following
5 4 circumstances: the statement is made in open court; the
5 5 statement is made during an interrogation that was not
5 6 recorded because such a recording was not feasible; a
5 7 voluntary statement; any statement if the accused permits the
5 8 interrogation not to be electronically recorded; a statement
5 9 made during an interrogation that is out of state; a statement
5 10 made to the interrogators who are unaware that a murder has
5 11 occurred; a statement used for impeachment purposes; and any
5 12 other statement that is admissible under any other law or
5 13 rule.
5 14 LSB 5031HH 81
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