2012 -- S 2420

=======

LC01503

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO CRIMINAL PROCEDURE -- ARREST

     Introduced By: Senators Tassoni, Ottiano, P Fogarty, Picard, and Lynch

     Date Introduced: February 15, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Chapter 12-7 of the General Laws entitled "Arrest" is hereby amended by

1-2

adding thereto the following section:

1-3

     12-7-23. Electronic recording of custodial interrogations task force. -- (a) In order to:

1-4

     (1) Minimize the likelihood of a wrongful conviction caused by a false confession; and

1-5

     (2) Further improve the already high quality of criminal justice in our state, the general

1-6

assembly creates a taskforce to investigate and develop policies and procedures for electronically

1-7

recording custodial interrogations in their entirety.

1-8

     (b) The task force shall be comprised of the following or their designees:

1-9

     (1) Attorney general;

1-10

     (2) Public defender;

1-11

     (3) Superintendent of the Rhode Island state police;

1-12

     (4) President of the Rhode Island police chiefs' association;

1-13

     (5) Head of the municipal police training academy;

1-14

     (6) President of the Rhode Island bar association;

1-15

     (7) President of the Rhode Island association of criminal defense lawyers;

1-16

     (8) Public safety commissioner of the city of Providence;

1-17

     (9) Chief of police of a department with less than forty-five (45) sworn officers and

1-18

which does not currently have an established policy concerning the electronic recording of

1-19

custodial interrogations, to be agreed upon by the task force;

2-20

     (10) Chief of police of a department (other than one separately designated herein) that

2-21

already has established a policy concerning the regular electronic recording of custodial

2-22

interrogations to be agreed upon by the task force; and

2-23

     (11) Executive director of the Rhode Island commission for human rights.

2-24

     (c) The attorney general and public defender shall serve as co-chairpersons of the task

2-25

force and have the authority to call for an designate the time and place of meetings. A majority of

2-26

members shall constitute a quorum, but a lesser number may hold meetings. The task force shall

2-27

act only on an affirmative vote of a majority of the voting. All departments and agencies of the

2-28

state shall furnish such advice and information, documentary and otherwise, to said task force and

2-29

its agents as is deemed necessary or desirable by the task force to facilitate the purposes of this

2-30

section.

2-31

     (d) The task force, in consultation with whatever experts it may deem appropriate, shall

2-32

study and make recommendations concerning the establishment of a statewide law enforcement

2-33

practice of electronically recording custodial interrogations in their entirety. In so doing the task

2-34

force's consideration should include, but are not limited to, the following:

2-35

     (1) Models from other federal and state jurisdictions;

2-36

     (2) Current policies, procedures, and practices of law enforcement statewide;

2-37

     (3) Types of crimes, investigations, and settings where custodial interrogations should be

2-38

electronically recorded;

2-39

     (4) Whether custodial interrogations should be electronically recorded using audio-visual

2-40

or strictly audio recording;

2-41

     (5) Whether custodial interrogations should be electronically recorded with or without the

2-42

knowledge of the suspect;

2-43

     (6) Appropriate procedures to be followed when the suspect refuses to be, or exigent

2-44

circumstances otherwise prevent, the electronic recording of the custodial interrogation;

2-45

     (7) How to most effectively record interrogations in view of an individual police

2-46

department's fiscal, staffing, and space constraints;

2-47

     (8) Appropriate policies and procedures concerning the transcription of the electronic

2-48

recordings resulting from custodial interrogation;

2-49

     (9) Appropriate policies and procedures concerning the long-term preservation and

2-50

storage of the electronic recordings resulting from custodial interrogation; and

2-51

     (10) The desirability of written policies, procedures, training, and/or additional legislation

2-52

regarding the electronic recording of custodial interrogations in their entirety statewide.

2-53

     (e) The task force shall submit a report on its recommendations concerning the

2-54

investigation and development of policies and procedures for electronically recording custodial

3-1

interrogations in their entirety. This report shall be presented to the governor, the chief justice of

3-2

the Rhode Island supreme court, the speaker of the house of representatives, the president of the

3-3

senate, and the chairpersons of the judiciary committees of both the house of representatives and

3-4

the senate no later than February 1, 2013. The task force shall terminate on the date that is

3-5

submits its report.

3-6

     SECTION 2. This act shall take effect upon passage.

=======

LC01503

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE -- ARREST

***

4-1

     This act would create a task force to investigate and develop policies and procedures for

4-2

electronically recording custodial interrogations.

4-3

     This act would take effect upon passage.

=======

LC01503

=======