SB 835 This act requires any statement of a defendant made during a custodial interrogation to be presumed inadmissable as evidence in a criminal proceeding unless:

(1) The interrogation is electronically recorded;

(2) Prior to the statement, but during the recording, the accused was read his or her Miranda rights and those rights were knowingly waived;

(3) The recording device was accurate and unaltered;

(4) All voices on the recording are identified; and

(5) The defendant's attorney is provided with a copy of all recordings no later than 20 days before the date of the proceeding.

The state may rebut the presumption of inadmissability that the statement was voluntary and reliable and there was good cause not to tape the interrogation.

A statement by the accused as a result of custodial interrogation is admissible if the statement was obtained in another state in compliance with the laws of that state or the statement was obtained by federal law enforcement officials in compliance with federal law.

All electronic recordings must be preserved through final appeals or until prosecution of the offense is barred by law.

This act only applies to custodial interrogations of persons suspected of committing a felony.

This act is identical to SB 231 (2003).
SUSAN HENDERSON