Effective Law Enforcement through Transparent Interrogations Act of 2007

The Library of Congress THOMAS ^ | 7/12/2007 | Rep Ellison, Keith

[mdittmar]

HR 3027 IH1S

110th CONGRESS

1st Session

H. R. 3027

To amend title 18, United States Code, to require the electronic recording of custodial interrogations in Federal criminal cases.

IN THE HOUSE OF REPRESENTATIVES

July 12, 2007

Mr. ELLISON introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To amend title 18, United States Code, to require the electronic recording of custodial interrogations in Federal criminal cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Effective Law Enforcement through Transparent Interrogations Act of 2007'.

SEC. 2. RECORDING OF FEDERAL INVESTIGATIVE INTERROGATIONS.

(a) In General- Chapter 223 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 3512. Recording of Federal investigative interrogations

`(a) Generally Required- Except as provided in this section, statements by an individual obtained in an unrecorded custodial interrogation after the date of the enactment of this section are inadmissible against that individual in a prosecution for a Federal felony.

`(b) Exceptions- Subsection (a) does not apply if the court determines an imminent threat of bodily injury or other exigent circumstance made the recording of the interrogation impracticable.

`(c) Definitions- In this section--

`(1) the term `custodial interrogation' means questioning of an individual while the individual is in the custody of a law enforcement officer in connection with a criminal investigation;

`(2) the term `unrecorded' means, with respect to a custodial interrogation, that the interrogation, including the advice required by law to be given to the individual of that individual's constitutional rights, was not entirely captured in an electronic recording that is available at the time of the trial for the felony in which evidence is sought to be introduced;

`(3) the term `electronic recording' means a complete and authentic electronic recording created by visual or audio media, including by motion picture, videotape, audio tape or digital media; and

`(4) the term `law enforcement officer' means an individual acting with public authority to investigate or prosecute a criminal offense.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by adding at the end the following new item:

`3512. Recording of Federal investigative interrogations.'.

[Ken522]

So if there’s no electric power, there’s no recorder - and we are then in a “law-free” zone!

[mdittmar]

If someone is read his Miranda Rights but it is not recorded,is the case thrown out?

Inquiring minds want to know.

[Tainan]

Will videos of the interogs be posted on Youtube?