Bill > HB1223

This bill enacts the Uniform Electronic Recordation of Custodial Interrogations Act in Washington state. The key provisions are: 1) Custodial interrogations of juveniles or for felony crimes must be electronically recorded in their entirety. Interrogations at police stations, jails, etc. must be recorded by audio and video, while other locations must be recorded by audio at minimum. 2) Law enforcement officers are required to explain in a report any failure to record the interrogation as required. 3) Consent is not required to record the interrogation, but the individual must be informed that it is being recorded. Recording a private conversation with a lawyer is not permitted. 4) There are some exceptions to the recording requirement, such as for exigent circumstances, the individual refusing to be recorded, interrogations by other jurisdictions, equipment malfunctions, and certain other situations. 5) If an unrecorded statement is introduced, the court must consider the failure to record it in determining admissibility and the defendant can present that fact to the jury. 6) Law enforcement agencies must establish policies and procedures to ensure proper handling and preservation of the electronic recordings.