HB16-1117 - Record Custodial Interrogations

Passed/Signed into Law
Concerning A Requirement That Custodial Interrogations Related To Investigations For Certain Serious Felonies Be Electronically Recorded.

The bill requires all law enforcement agencies to have audio-visual recording equipment available and policies and procedures in place for preserving custodial interrogations by January 1, 2017. A peace officer must record custodial interrogations occurring in a permanent detention facility if the peace officer is investigating a class 1 or 2 felony or a felony sexual assault. A peace officer does not have to record the interrogation if:

  • The defendant requests that the interrogation not be recorded and the defendant's request is preserved by electronic recording or in writing;
  • The recording equipment fails;
  • The recording equipment is unavailable, either through damage or extraordinary circumstances;
  • Exigent circumstances related to public safety prevent recording; or
  • The interrogation takes place outside of Colorado.

The court may admit evidence from a custodial interrogation that is not recorded. When offering evidence from an unrecorded interrogation, if the prosecution shows by a preponderance of the evidence that one of the exceptions apply or that the evidence is offered as rebuttal or impeachment evidence, the court may admit the evidence without a cautionary instruction. If the prosecution does not meet that burden, the court shall issue a cautionary instruction to the jury after admitting the evidence.

Latest update: June 10, 2016
06/10/2016 Governor Signed
05/18/2016 Sent to the Governor
05/17/2016 Signed by the President of the Senate
05/17/2016 Signed by the Speaker of the House
05/06/2016 Senate Third Reading Passed - No Amendments
05/05/2016 Senate Second Reading Special Order - Passed - No Amendments
05/05/2016 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
05/03/2016 Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Appropriations
04/29/2016 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
04/29/2016 House Third Reading Passed - No Amendments
04/28/2016 House Second Reading Special Order - Passed with Amendments - Committee
04/28/2016 House Committee on Appropriations Refer Amended to House Committee of the Whole
02/11/2016 House Committee on Judiciary Refer Amended to Appropriations
01/20/2016 Introduced In House - Assigned to Judiciary