Legislators will hear a bill this week that would establish a uniform electronic recording standard for law enforcement.
HB 1223, sponsored by Rep. Strom Peterson (D–Edmonds), creates new requirements for law enforcement officers to electronically record
every custodial interrogation, with few exceptions. Under the bill, custodial interrogations of a juvenile or an individual suspected of a felony crime would require either an audio or visual recording. If an interrogation were to occur in a place
of detention, the officer would be required to make both an audio and visual recording. Officers would not have to obtain consent from the individual being interrogated, but they would need to inform the individual that a recording was being made.
Private conversations between an individual and their legal representation would not be recorded.
The bill provides several exceptions to the requirement including:
- An individual refusing to be recorded;
- If an interrogation takes place in another state where such recordings are illegal;
- Protecting the safety or identity of an individual;
- Equipment malfunctions; or
- Any exigent circumstances.
If an officer were unable to make an electronic recording due to the above circumstances, or other unforeseen circumstances, the officer would be required to prepare a report explaining the reasons for not creating an electronic recording. Recording requirements
would not apply to spontaneous statements or statements made during the routine process of arresting an individual.
AWC will monitor this bill given that it may have financial implications for city law enforcement agencies.
Dates to remember
HB 1223 is scheduled for public hearing in the House Public Safety Committee on Friday, February 5 at 10 am.