2012 -- S 2487

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LC00744

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL PROCEDURE - ARREST

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-7-22 of the General Laws in Chapter 12-7 entitled "Arrest" is

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hereby amended to read as follows:

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     12-7-22. Electronic recording of custodial interrogations task force. -- (a) In order to:

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

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

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

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recording custodial interrogations in their entirety.

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

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      (1) Attorney general;

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      (2) Public defender;

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      (3) Superintendent of the Rhode Island state police;

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

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      (5) Head of the municipal police training academy;

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      (6) President of the Rhode Island bar association;

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

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

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

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

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

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

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

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interrogations to be agreed upon by the task force; and

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

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

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

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

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

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

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

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of this section.

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

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

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

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force shall consider, but not be limited to, the following:

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      (1) Models from other federal and state jurisdictions;

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

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

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electronically recorded;

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

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or strictly audio recording;

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

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the knowledge of the suspect;

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

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

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

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department's fiscal, staffing, and space constraints;

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

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recordings resulting from custodial interrogation;

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

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storage of the electronic recordings resulting from custodial interrogation; and

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

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legislation regarding the electronic recording of custodial interrogations in their entirety

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statewide.

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

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investigation and development of policies and procedures for electronically recording custodial

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

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

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

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the senate no later than February 1, 2012. The task force shall terminate on the date that it submits

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its report. Thereafter, the task force shall meet periodically in order to assess the impact of the

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recommendations it has made; conduct further research in the area of the electronic recording of

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custodial interrogations; assess the implementation of written policies in these areas by Rhode

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Island law enforcement agencies; and determine whether or not any additional legislation

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

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required. Said meetings shall be called by agreement of the attorney general and public defender.

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A supplemental report from the task force shall be delivered in the same manner as its initial

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report and not later than December 31, 2013.

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     SECTION 2. This act shall take effect upon passage.

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LC00744

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE - ARREST

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     This act would require the custodial interrogations task force meet periodically to assess

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the impact of their recommendations, to conduct further research and to consider if additional

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legislation is needed and to thereafter submit a supplemental report.

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     This act would take effect upon passage.

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LC00744

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