BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1389  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1389  
          (Glazer) - As Amended May 31, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill extends the existing requirement to electronically  
          record a custodial interrogation of a minor suspected of  
          committing murder to apply to any person suspected of committing  
          murder, and specifies that for the purposes of the custodial  
          interrogation of an adult, "electronic recording" means a video  
          or audio recording that accurately records a custodial  
          interrogation.

          FISCAL EFFECT:










                                                                    SB 1389  


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          Potentially significant increase in one-time and ongoing  
          reimbursable mandated costs (General Fund) to local agencies to  
          provide video recording of all adult custodial interrogations in  
          murder investigations.  Since the mandate for electronic  
          recording of minors is already established under existing law,  
          any additional state-reimbursable costs attributable to this  
          bill would be those costs incurred for recording adults above  
          the existing mandate.  Given the significant number of local law  
          enforcement agencies subject to the mandate, and the significant  
          increase in volume of required recordings, even the minimal  
          mandate reimbursement claim of $1,000 would result in costs in  
          excess of $400,000.  According to the Department of Justice  
          statistics, there were 1,351 adults arrested for homicide in  
          2015


          COMMENTS:


          Background and Purpose. As of January 2014, current law requires  
          the electronic recording of the interrogation of a juvenile  
          suspected of murder.  In addition, there are a number of  
          jurisdictions in California that voluntarily, at least some of  
          the time, electronically record other interrogations.  


          Every year many people are wrongly convicted because of false  
          confessions. Defendants also often make motions to exclude  
          statements made during an interrogation arguing that they were  
          coerced, there was abuse or the statement was not made.  Studies  
          have shown that recording of interrogations puts an end to  
          disputes regarding statements and also has additional benefits. 


          This bill would extend the provision requiring the electronic  
          recording of the interrogation of juvenile murder suspects to  
          apply to any person suspected of murder.










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          There are a number of benefits in recording interrogations; it  
          allows the interviewer to question the suspect without any  
          distractions (notebooks, statement forms, or typewriters),  
          observe the suspect's demeanor and body language, and use the  
          recordings as training for other personnel.  Recording  
          interrogations also reduces allegations of coerced or false  
          confessions.  


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081