Texas House Bill HB1096

Texas 2013 - 83rd Regular

Caption

Relating to the electronic recording of certain custodial interrogations.

Impact

The implementation of HB 1096 is expected to significantly influence state laws concerning criminal procedure and evidence collection. By standardizing the electronic recording of interrogations for severe offenses such as murder, sexual assault, and human trafficking, the bill seeks to protect the rights of suspects and promote fair trial standards. The recorded interrogations may serve as vital evidence in legal proceedings, providing a clear account of interactions between law enforcement officers and suspects. This change could lead to improved trust in the criminal justice system as defendants and the public can access verified records of interrogations.

Summary

House Bill 1096 focuses on the requirement for electronic recording of custodial interrogations conducted by law enforcement. It aims to amend the Code of Criminal Procedure by introducing new articles that mandate electronic recordings during specific interrogations. Under this bill, custodial interrogations initiated in places of detention must be recorded in audio or audiovisual formats, beginning before the suspect receives the customary warnings and continuing until the interrogation concludes. This measure is designed to ensure that there are clear and reliable records of such interactions, thereby enhancing transparency and accountability in law enforcement practices.

Contention

Despite its intentions, HB 1096 may face opposition. Some law enforcement agencies might express concerns about logistical challenges or the potential cost implications of implementing comprehensive recording systems. Critics may argue that the bill could hinder timely investigations or lead to complications in the prosecution of cases where recordings are not feasible due to unforeseen circumstances. The bill also allows exceptions for good cause, which raises questions about when such exceptions might be invoked, potentially leading to inconsistencies in application across different jurisdictions.