Texas House Bill HB414

Texas 2017 - 85th Regular

• Filed: 11/18/16

Caption

Relating to the electronic recording of certain custodial interrogations.

Impact

If enacted, HB414 will amend the Code of Criminal Procedure to introduce Articles 2.32 and 2.33, specifically addressing the electronic recording of custodial interrogations. By establishing requirements for recordings in felony cases, the bill aims to create a more consistent and fair system in how interrogations are conducted across the state. The exemption from making a recording in certain circumstances (like the accused refusing to cooperate) acknowledges practical limitations while still promoting overall accountability in law enforcement procedures.

Summary

House Bill 414 aims to establish standards for the electronic recording of custodial interrogations in Texas. The bill defines 'custodial interrogation' as investigative questioning by a peace officer that would make a reasonable person feel in custody. The legislation mandates that law enforcement agencies must record such interrogations occurring in a place of detention for individuals suspected of committing felonies. This requirement is intended to increase transparency in law enforcement practices and protect the rights of the accused, ensuring that any incriminating statements made during these interrogations are properly documented.

Contention

Notable points of contention surrounding HB414 may arise from concerns regarding how audio and audiovisual recordings are stored and accessed, especially given privacy concerns regarding public disclosure. While the bill seeks to clarify the legal processes, opponents may argue about potential misuse of recorded materials. Discussions about the efficacy of such recordings in providing adequate safeguards against coercive interrogation methods could shape further debates among lawmakers and stakeholders in the criminal justice system. Additionally, the classification of law enforcement agencies eligible to conduct these interrogations could also lead to disputes regarding resources and capabilities within smaller departments.