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Colorado Rights Blog

HB16-1117: Record Custodial Interrogations

Criminal Justice
Bill Number: HB16-1117
Year: 2016
ACLU Position: Support
Sponsors: D. Kagan / L. Saine / I. Aguilar / J. Cooke

Description:

The bill requires all law enforcement agencies to have audio-visual
recording equipment available and policies and procedures in place for
preserving custodial interrogations by January 1, 2017. A peace officer
must record custodial interrogations occurring in a permanent detention
facility if the peace officer is investigating a class 1 or 2 felony or a
felony sexual assault. A peace officer does not have to record the
interrogation if:
• The defendant requests that the interrogation not be
recorded and the defendant’s request is preserved by
electronic recording or in writing;
• The recording equipment fails;
• The recording equipment is unavailable, either through
damage or extraordinary circumstances;
• Exigent circumstances related to public safety prevent
recording; or
• The interrogation takes place outside of Colorado.
The court may admit evidence from a custodial interrogation that
is not recorded. When offering evidence from an unrecorded
interrogation, if the prosecution shows by a preponderance of the
evidence that one of the exceptions apply or that the evidence is offered
as rebuttal or impeachment evidence, the court may admit the evidence
without a cautionary instruction. If the prosecution does not meet that
burden, the court shall issue a cautionary instruction to the jury after
admitting the evidence.


Current Status:

Governor Signed (06/10/2016)



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