[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3027 Introduced in House (IH)]







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

_______________________________________________________________________

                                 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.''.
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