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MA H3449

MA H3449
Requiring audiovisual recordings of certain police interrogations


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to require that certain interrogations be electronically recorded to be admissible in court. The Judiciary.

AI Summary

This bill requires that any oral, written, or sign language statement made by a person accused of a "major felony" (a serious crime punishable by life imprisonment or specific violent offenses) during a "custodial interrogation" (when a person believes they are in custody and is asked a question likely to elicit an incriminating response) at a police station or other place of detention must be electronically recorded to be admissible in court. This "electronic recording" is defined as a time-stamped, audiovisual recording. The bill outlines exceptions where such statements might still be admissible, such as if made in open court, voluntarily and reliably given, or used solely for impeachment purposes, with the burden on the prosecution to prove an exception applies. It also mandates that recordings be preserved until a conviction is final and all appeals are exhausted, and that prosecutors provide copies to the defense. The bill further specifies that the Attorney General will establish technical requirements for these recordings, including the use of two cameras to capture both the suspect and the officer, and procedures to prevent alteration. This legislation aims to enhance transparency and accuracy in police interrogations for serious crimes.

Committee Categories

Justice

Sponsors (17)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

bill text


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