Session: 2023-2024
ACLU-PA Position: Supports
HB 2231 (PN 2985) would adopt the Uniform Law Commission's "Uniform Electronic Recordation of Custodial Interrogations Act," which requires law enforcement to electronically record a custodial interrogation when it relates to a crime of violence allegedly committed by an adult or a minor, unless a legitimate exception exists. Exceptions include: exigent circumstances, refusal to be recorded, equipment malfunction, and recording not required or for safety of the person being recorded. Law enforcement would be required to prepare a written statement as to why an exception applies if an interrogation is not recorded. And if a recording is not made and an exception does not apply, the remedy is an instruction for the jury at any proceeding trial.
30 states, the District of Columbia, and the federal government already require recording for at least some major crimes, and several others are currently considering similar laws. When a clear record exists of what occurred inside the four walls of an interrogation room, it better ensures justice, fairness, honesty, and reduces the chances of coerced confessions and wrongful convictions.
Check the bill's status here.
