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F I S C A L I M P A C T R E P O R T

SPONSOR HJC

DATE TYPED 03/04/05 HB 382/HJCS/aHFl#1

SHORT TITLE Electronic Recording of Custodial Interviews

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$0.1

See Narrative

Companion to HB 884

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of HFl#1

House Floor amendment #1 strikes the existing Subsection I, which provides that the section

does not intrude upon the authority of the courts to determine admissibility, and provides in its

place that the section shall not be construed to exclude otherwise admissible evidence in any ju-

diciary proceeding. The amendment also adds a severability clause.

Synopsis of Original Bill

The House Judiciary Committee substitute for House Bill 382 establishes new procedures for

custodial interrogations that require law enforcement officers to record interrogations when rea-

sonably able to do so.

The bill requires state and local law enforcement to electronically record custodial interrogations

in their entirety when reasonably able to do so. Interrogations conducted in a police station shall

be electronically recorded by a method that includes audio or visual or both, if available, and the

recording shall include the advice of constitutional rights.

The bill requires a law enforcement officer to comply with the recording requirements unless

s/he has good cause not to, which may include that recording equipment was not available or not

functioning, the person refused to be recorded or the statement was made in a court or grand jury

proceeding. If the officer has good cause not to record the interrogation, s/he must make a con-

temporaneous written or electronic record of the reasons for not making the recording.

House Bill 382/HJCS/aHFl#1 -- Page 2

The bill specifically provides that recording requirements do not apply:

•

To statements that are spontaneously volunteered and not the result of custodial interro-

gation,

•

To custodial interrogations conducted outside the state

•

To statements used for impeachment purposes

•

Within a correctional facility

The recording requirements apply only to custodial interrogations when the person is suspected

of committing a felony offense.

Finally, the bill specifies that this section does not intrude upon the authority of the courts to de-

termine admissibility of evidence.

Significant Issues

Proponents of the bill argue that recording interrogations will increase the likelihood of convic-

tions by providing more reliable evidence regarding confessions. The measure would also pro-

vide greater protections to individuals being interrogated.

Others argue that the United States and New Mexico constitutions already provide numerous

safeguards to ensure a defendant’s constitutional rights and that recording requirements may

hamper law enforcement’s ability to investigate crimes and try offenders.

The bill may require law enforcement agencies to purchase equipment, for which there is no ap-

propriation. House Bill 884, a companion measure, would make an appropriation for the pur-

chase of recording equipment.

FISCAL IMPLICATIONS

The bill may result in cost increases to law enforcement agencies for the purchase of electronic

recording equipment. These costs may be partially off-set by savings associated with fewer

court proceedings regarding statements made during custodial interrogations.

A companion measure, House Bill 884, appropriates $1 million to DPS for the purpose of pro-

viding funding at the state, county and municipal levels to purchase audio-visual equipment.

However, enactment of House Bill 382 is not contingent upon the enactment of House Bill 884.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 382 is a companion measure to House Bill 884.

TECHNICAL ISSUES

The provision regarding good cause for not recording an interrogation (Subsection B, page 2)

lists 4 cases of “good cause.” However, the language does not specify that good cause is not lim-

ited to these 4 instances. Thus the bill provides that only these 4 instances constitute good cause.

This may somewhat limit flexibility with respect to unanticipated situations.

EF/sb:yr