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 outlines requirements for recording interrogations in various detention locations, ensuring that the entire process, including rights advisements, is captured. Exceptions to the recording requirement are included for situations where recording is not feasible due to equipment failure or if the individual being interrogated requests no recording. Additionally, the bill presumes statements made during unrecorded interrogations to be inadmissible, with criteria for overcoming this presumption.

To facilitate the implementation of this law, the bill establishes an Electronic Equipment Acquisition Fund (EEAF) with a $50,000 appropriation for grants to state law enforcement agencies to purchase necessary recording equipment. However, this amount may be insufficient to cover all reimbursement requests, as outfitting a single interrogation room could cost approximately $18,670. The bill does not authorize new positions or additional funding for personnel, although the Department of Corrections suggests that a new full-time employee may be needed for managing recordings, which could lead to significant costs in future fiscal years. While the bill aims to enhance transparency in custodial interrogations, it raises concerns regarding the financial burden on law enforcement agencies and local governments, with potential indeterminable increases in costs for equipment, maintenance, and officer training.

Statutes affected:
Introduced: 6:12