A5028

An Act concerning certain police interrogations and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. There is established in the Department of Law and Public Safety a pilot program requiring the electronic recording of custodial interrogations concerning violent crimes. The pilot program shall be administered by the Attorney General pursuant to the provisions of this act.

b. As used in this act:

(1) "Custodial interrogation" means any interrogation of a suspect by law enforcement during which a reasonable person in the suspect's position would consider himself to be in custody and during which a question is asked that is reasonably likely to elicit an incriminating response.

(2) "Electronic recording" includes, but is not limited to, a motion picture, audiotape, videotape or digital recording.

(3) "Violent crimes" means any of the following:

(a) N.J.S.2C:11-3, murder;

(b) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

(d) subsection b. of N.J.S.2C:12-1, aggravated assault;

(e) subsection b. of P.L.1996, c.14 (C.2C:12-11), disarming a law enforcement officer;

(f) N.J.S.2C:13-1, kidnapping;

(g) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;

(h) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;

(i) N.J.S.2C:15-1, robbery;

(j) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking; or

(k) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson.

c. Any electronic recording of a statement made pursuant to the pilot program established by this act shall be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all appeals are exhausted, or until the prosecution of such offenses is barred by law.

2. Not later than two years after the effective date of this act, the Attorney General shall prepare and submit a report to the Governor and the Legislature describing the pilot program developed pursuant to this act, evaluating its effectiveness and discussing the feasibility of expanding the program throughout the State. The report shall also include recommendations as to whether such a State-wide program should include a provision that a suspect's statement made as a result of a custodial interrogation would be presumed to be inadmissible against the suspect in any subsequent criminal proceeding unless an electronic recording of the custodial interrogation was made and the recording is substantially accurate and not intentionally altered.

3. The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt rules and regulations necessary to implement this act.

4. This act shall take effect on the 120th day following enactment except for section 3, which shall take effect immediately.

STATEMENT

This bill would establish a pilot program in the Department of Law and Public Safety requiring the electronic recording of police interrogations concerning violent crimes. The pilot program would be administered by the Attorney General. The bill defines "custodial interrogation" as any interrogation of a suspect by law enforcement during which a reasonable person in the suspect's position would consider himself to be in custody and during which a question is asked that is reasonably likely to elicit an incriminating response.

Under the bill, the electronic recording could be accomplished by use of a motion picture, audiotape, videotape or digital recording.

Police interrogations of suspects concerning the following crimes would be included in the pilot program: murder, aggravated manslaughter, manslaughter, vehicular homicide, aggravated assault, disarming a law enforcement officer, kidnapping, aggravated sexual assault, sexual assault, robbery, carjacking and aggravated arson.

Any electronic recording of a statement made pursuant to the pilot program would be required to be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all appeals are exhausted, or until the prosecution of such offenses is barred by law.

Within two years after the effective date of the act, the Attorney General would report to the Governor and the Legislature describing the pilot program, evaluating its effectiveness and discussing the feasibility of expanding the program throughout the State. The report would also include recommendations as to whether such a State-wide program should include a provision that a suspect's statement made as a result of a custodial interrogation would be presumed to be inadmissible against the suspect in any subsequent criminal proceeding unless an electronic recording of the custodial interrogation was made and the recording is substantially accurate and not intentionally altered.