House amendment makes the following changes to 2nd edition. Amends GS 15A-211(c), specifying that the required electronic recording is to be a simultaneous visual and audio recording when reasonably feasible, but failure to have simultaneous recording is not grounds for suppression of evidence.
Bill Summaries: H779 ELECTRONIC RECORDING/CUSTODIAL INTERROGATIONS.
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Tracking:
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Bill H 779 (2011-2012)Summary date: Apr 28 2011 - View Summary
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Bill H 779 (2011-2012)Summary date: Apr 21 2011 - View Summary
House committee substitute makes the following changes to the 1st edition. Amends the definition for electronic recording to clarify that the term refers to an audio recording or a visual recording that is an authentic, accurate, unaltered record. Reinserts language to clarify that the requirement to place the camera recording in a custodial interrogation so that the camera films both the interrogator and the suspect on the record only applies if the record is a visual recording. Provides that the provisions regarding the admissibility of electronic recordings apply during the prosecution of any offense to which Article 8, Electronic Recording of Interrogations, applies (was, any homicide).
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Bill H 779 (2011-2012)Summary date: Apr 7 2011 - View Summary
Amends GS 15A-211 to broaden the requirement to create an electronic recording of a custodial interrogation to include all custodial interrogations of juveniles conducted in any place of detention and custodial interrogations conducted in any place of detention related to a Class A, B1, or B2 felony, or any Class C felony of rape, sexual offense, or assault with a deadly weapon with intent to kill inflicting serious injury (was, custodial interrogations in homicide investigations only). Requires that the recording be a visual and audio recording (was, an audio or visual recording). Effective December 1, 2011, and applies to interrogations occurring on or after that date.