The proposed bill, SB 261, mandates that all custodial interrogations conducted by law enforcement agencies be electronically recorded, establishing a new chapter titled "Recording of Custodial Interrogations." Key definitions are provided, including "custodial interrogation," "electronic recording," and "law enforcement agency." The bill requires that interrogations be recorded in their entirety at designated detention locations, with specific exceptions allowing for audio-only recordings in certain situations. It also introduces a presumption of inadmissibility for statements made during unrecorded interrogations, which can only be overcome under defined conditions.

To facilitate the implementation of these recording requirements, the bill creates an Electronic Equipment Acquisition Fund (EEAF) with a general fund appropriation of $50,000 to provide grants for law enforcement agencies to purchase necessary recording equipment. The Department of Safety will administer this fund and establish application rules. However, concerns have been raised regarding the sufficiency of the allocated funds, as the estimated cost to outfit a single interrogation room is approximately $18,670. The bill does not authorize new positions or additional funding for personnel, which may lead to increased costs for county and local governments as they adapt to these new requirements. Overall, while the bill aims to enhance transparency in custodial interrogations, it raises significant financial implications for law enforcement agencies and local governments.

Statutes affected:
Introduced: 6:12