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
  5 15 jm:rj/je/5