Bill > H4778

This bill establishes comprehensive requirements for electronic recording of law enforcement interviews and interrogations in South Carolina, mandating that custodial interrogations of juveniles and felony suspects must be fully recorded using audio or video technology in places of detention. The bill defines "electronic recording" as an authentic and unaltered audio or visual record, and "in its entirety" means an uninterrupted recording that captures the entire interaction, including the reading of constitutional rights. If an interrogation is not fully recorded, the court may scrutinize the voluntariness and reliability of any statements made, though law enforcement can provide "good cause" for incomplete recordings, such as equipment failure or suspect refusal. The legislation provides specific remedies for non-compliance, including allowing courts and juries to consider the lack of a complete recording when evaluating statement admissibility. The bill includes several exceptions where statements can be admitted even without a full recording, such as spontaneous statements or those made in open court. Furthermore, the state must preserve electronic recordings of interviews related to convicted defendants for at least one year after all appeals are exhausted. The law will take effect on October 1, 2026, and will apply to interviews and interrogations occurring on or after that date, aiming to improve the transparency and reliability of criminal investigations.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4778&session=126&summary=B