GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    1

HOUSE BILL 195

Short Title:      Visual Record/LEO Interrogation of Suspect.		(Public)
Sponsors:	Representatives Alexander and R. Moore (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	State and Local Government I, if favorable, Judiciary III

February 27, 2017

A BILL TO BE ENTITLED

AN ACT to provide that in certain counties the electronic recordings required of custodial interrogations must be visual recordings that simultaneously make audio recordings of the interrogation.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A‑211(c) reads as rewritten:

"(c)      Definitions. – The following definitions apply in this Article:

(1)        Electronic recording. – An audio recording that is an authentic, accurate, unaltered record; or a A visual recording that simultaneously makes an audio recording of the interrogation being recorded that is an authentic, accurate, unaltered record. A visual and audio recording shall be simultaneously produced whenever reasonably feasible, provided that a defendant may not raise this as grounds for suppression of evidence.

(2)        In its entirety. – An uninterrupted record that begins with and includes a law enforcement officer's advice to the person in custody of that person's constitutional rights, ends when the interview has completely finished, and clearly shows both the interrogator and the person in custody throughout. If the record is a visual recording, the The camera recording the custodial interrogation must be placed so that the camera films both the interrogator and the suspect. The camera shall also insert the appropriate date and time stamps during the interrogation, and those dates and time stamps shall be displayed when the interrogation is played back. Brief periods of recess, upon request by the person in custody or the law enforcement officer, do not constitute an "interruption" of the record. The record will reflect the starting time of the recess and the resumption of the interrogation.

(3)        Place of detention. – A jail, police or sheriff's station, correctional or detention facility, holding facility for prisoners, or other facility where persons are held in custody in connection with criminal charges."

SECTION 2.  This act applies only to cities and counties with a population of 150,000 or more.

SECTION 3.  This act becomes effective December 1, 2018, and applies to interrogations occurring on or after that date.