SB 730

Abstract

Custodial interrogations; recording. Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of the entirety of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made during the custodial interrogation, but the court or jury may consider such failure in determining the weight given to such evidence. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. This bill incorporates SB 305.

Custodial interrogations; recording. Providesthat any law-enforcement officer shall, if practicable, make an audiovisualrecording of any custodial interrogation of a person conducted ina place of detention. The bill provides that if an audiovisual recordingis unable to be made, the law-enforcement officer shall make an audiorecording of the custodial interrogation. The bill provides thatthe failure of a law-enforcement officer to make such a recordingshall not affect the admissibility of the statements made duringthe custodial interrogation, but the court or jury may consider suchfailure in determining the weight given to such evidence. This billis a recommendation of the Virginia Criminal Justice Conference.