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