Custodial interrogations; length, recording. (SB734)

Introduced By

Sen. Jennifer McClellan (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Custodial interrogations; length; recording. Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that the failure to make such a recording does not affect the admissibility of statements made during the custodial interrogation, but the court shall consider or shall instruct the jury to consider such failure in determining the weight given to such evidence. The bill also requires the Department of Criminal Justice Services to establish, publish, and disseminate a model policy or guideline for law-enforcement personnel for the recording of custodial interrogations. The bill further provides that the length of any custodial interrogation shall not be unreasonable and the person who is subject to such interrogation shall be permitted reasonable periods for rest and personal necessities. Amends § 9.1-102, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2018Prefiled and ordered printed; offered 01/10/18 18103257D
01/10/2018Referred to Committee for Courts of Justice
01/17/2018Committee substitute printed to LIS only 18105417D-S1
01/17/2018Failed to report (defeated) in Courts of Justice (6-Y 9-N) (see vote tally)

Comments

ACLU-VA Police Practices, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia supports this legislation that encourages video taping of interrogations and sets standards for such interrogations.