2014 -- H 7268

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LC003634

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - ARREST

     

     Introduced By: Representatives Walsh, Ferri, Almeida, Craven, and Valencia

     Date Introduced: January 30, 2014

     Referred To: House 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 pPolice cChiefs' aAssociation;

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      (5) Head of the municipal police training academy;

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      (6) President of the Rhode Island bBar aAssociation;

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      (7) President of the Rhode Island aAssociation of cCriminal dDefense lLawyers;

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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 that 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 the 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. Thereafter, the task force shall meet periodically in

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order to assess the impact of the recommendations it has made; conduct further research in the

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area of the electronic recording of custodial interrogations; assess the implementation of written

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policies in these areas by Rhode Island law enforcement agencies; and determine whether or not

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any additional legislation regarding the electronic recording of custodial interrogations in their

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entirety statewide is required. Said meetings shall be called by agreement of the attorney general

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and public defender. A supplemental report from the task force shall be delivered in the same

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manner as its initial report and not later than December 31, 2013 December 31, 2014.

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     SECTION 2. This act shall take effect upon passage.

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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 extend the deadline for which the electronic recording of custodial

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interrogations task force may provide its supplemental report.

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     This act would take effect upon passage.

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