110 HR 3027 IH: Effective Law Enforcement through U.S. House of Representatives 2007-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3027 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.

1.

Short title

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

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:

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. .