BILL NUMBER:  SB 171
  VETOED	DATE: 09/30/2006




To the Members of the California State Senate:

I am returning Senate Bill 171 without my signature.

Ensuring that all criminal confessions are reliable is a laudable
goal.  I understand that some recent studies have shown that false
confessions are a growing problem in the United States.  However, the
language contained in this bill is flawed, which could result in the
erroneous release of criminals guilty of murder or other violent
crimes due to technicalities.

This bill requires the electronic recording of all custodial
interrogations of individuals that may have committed a homicide or
violent felony.  Yet the bill defines custodial interrogation
differently than the definition used by the U.S. Supreme Court for
giving Miranda rights and requires recording when someone is
suspected of any one of the twenty-three violent crimes listed under
Penal Code Section 667.5, but does not specify what suspected means.
These drafting errors could lead to confusion for all involved
parties and potential situations where law enforcement unknowingly
fails to comply with the mandates of the bill.  For example, at the
time law enforcement is interrogating a suspect they may have good
reason to think the suspect is guilty of a lesser crime not contained
in Penal Code Section 667.5 and later after reviewing the evidence
or hearing the individuals statements, the District Attorney may
decide to charge the suspect with a violent felony.

Since public safety is my top priority I cannot sign this flawed
bill.  I support the concept of this bill and I would encourage the
Legislature to work with law enforcement in order to send me a bill
that helps ensure the reliability of confessions while not creating
opportunities for those guilty of violent crimes to avoid punishment
because of a technical loophole.

Sincerely,



Arnold Schwarzenegger