[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6245 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6245

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

    Mr. Johnson of Georgia (for himself, Mr. Ellison, Mr. Davis of 
Illinois, Mr. Grijalva, and Ms. Norton) 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 2010''.

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, a 
statement by an individual during a custodial interrogation that is not 
electronically recorded, and all statements made thereafter by such 
individual during such interrogation, including statements that are 
electronically recorded, are inadmissible against such 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 electronic recording of a custodial interrogation 
impracticable.
    ``(c) Availability to Person Interrogated.--The Attorney General 
shall make available a copy of a electronic recording of a custodial 
interrogation to the individual who was subject to such interrogation.
    ``(d) Handling and Preservation of Electronic Recording.--
            ``(1) In general.--The Attorney General shall identify and 
        catalogue any electronic recording of a custodial interrogation 
        made pursuant to this section.
            ``(2) Length of preservation.--An electronic recording of a 
        custodial interrogation catalogued under paragraph (1) shall 
        not be destroyed or altered in any way until--
                    ``(A) all appeals, post-conviction, habeas corpus 
                proceedings, and all other orders and judgements with 
                respect to an individual who was subject to such 
                interrogation are final;
                    ``(B) the deadline by which such individual must 
                file such proceedings or has expired; or
                    ``(C) the statute of limitations of the Federal 
                felony, or any related offenses, for which such 
                individual was subject to such interrogation has 
                expired.
            ``(3) Election of longer preservation.--Upon petition by an 
        individual, the court may order that a copy of an electronic 
        recording of a custodial interrogation of such individual be 
        preserved beyond the periods of time listed under paragraph 
        (2).
    ``(e) Definitions.--In this section--
            ``(1) the term `custodial interrogation' means an interview 
        which occurs while an individual is in custody involving a law 
        enforcement officer's questioning that is reasonably likely to 
        elicit incriminating responses;
            ``(2) the term `electronic recording' means an authentic, 
        accurate, unaltered, and complete audio and visual record, 
        including a motion picture, videotape, audio tape, or digital 
        recording, beginning with the law enforcement officer's advice 
        of the individual's constitutional rights and ending when the 
        custodial interrogation has finished, but that--
                    ``(A) an audio recording of a custodial 
                interrogation may be considered an electronic recording 
                when an audio and visual recording is not practicable; 
                and
                    ``(B) if a visual recording is made of a custodial 
                interrogation, any camera used in making such recording 
                shall be focused on both the law enforcement officer 
                conducting such interrogation and the individual 
                subject to such interrogation;
            ``(3) the term `law enforcement officer' means an 
        individual acting with public authority to investigate or 
        prosecute a criminal offense; and
            ``(4) the term `statement' means an oral, written, sign 
        language, or nonverbal communication.''.
    (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.''.
    (c) Effective Date.--The amendments made by this Act shall apply in 
all proceedings commenced after the date of enactment of this Act and, 
insofar as is just and practicable, in all proceedings pending on such 
date of enactment.
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