Steve Glazer
- Democratic
Author
Existing law requires the electronic recording of the entire custodial interrogation of a minor who is in a fixed place of detention, as defined, and who, at the time of the interrogation, is suspected of committing or accused of committing murder. Existing law sets forth various exceptions from this requirement, including if the law enforcement officer conducting the interrogation or his or her superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. Existing law requires the prosecution to show by clear and convincing evidence that an exception applies to justify the failure to make that electronic recording. Existing law requires the interrogating entity to maintain the original or an exact copy of an electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. Existing law additionally requires the court to provide jury instructions developed by the Judicial Council if the court finds that a defendant was subjected to a custodial interrogation in violation of the above-mentioned provisions. This bill would make this electronic recording requirement applicable to the custodial interrogation of any person suspected of committing murder. By imposing new requirements on local law enforcement, this bill would impose a state-mandated local program. The bill would exempt from the electronic recording requirement the interrogation of a person who is in custody on a charge of murder if the interrogation is not related to the commission of murder, as specified. Existing law defines "electronic recording" for these provisions as a video recording that accurately records a custodial interrogation. This bill would specify that the above definition applies only to the custodial interrogation of a minor. The bill would expand the definition to include a video or audio recording in the case of the custodial interrogation of an adult and would express the Legislature's encouragement that law enforcement agencies use video recording when available. This bill would make technical, nonsubstantive changes to the above provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Chaptered by Secretary of State. Chapter 791, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 6 p.m.
Assembly amendments concurred in. (Ayes 33. Noes 6. Page 5409.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 63. Noes 13. Page 6096.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 17. Noes 3.) (August 11).
August 3 set for first hearing. Placed on APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR.
June 21 set for first hearing canceled at the request of author.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 32. Noes 5. Page 4139.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 6. Noes 1. Page 4009.) (May 27).
Set for hearing May 27.
April 18 hearing: Placed on APPR. suspense file.
Set for hearing April 18.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3396.) (April 5). Re-referred to Com. on APPR.
Set for hearing April 5.
From printer. May be acted upon on or after March 23.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1389 | HTML |
| 02/19/16 - Introduced | |
| 05/31/16 - Amended Senate | |
| 08/15/16 - Amended Assembly | |
| 08/29/16 - Enrolled | |
| 09/28/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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