HB 215 – Electronic Recording of Custodial Interrogations

Representative Melissa Minor-Brown has introduced House Bill 215, which would require recording of all police custodial interrogations. This bill is a part of the Criminal Justice Reform package that the General Assembly began passing in a response to the multiple police related unjust killings of African Americans, culminating in the murder of George Floyd last year. Proponents of House Bill 215 believe this bill will increase transparency and accountability when a suspect is being questioned by law enforcement.

The recording could be audio or video and audio, depending on the equipment available at the interrogation site. There would be limited exceptions to this rule, including exigent (pressing) circumstances, a person refusing to be recorded, or if the recording would reveal a confidential informant’s identity or jeopardize the safety of the officer, the individual interrogated, or another individual.

Prosecutors would be required to notify the defense of an intention to introduce an unrecorded statement in court and of the exception that permitted the lack of recording. Under the bill, the prosecution would be required to prove, through clear and convincing evidence, that an exception applies.

House Bill 215 Sponsors	Yes Votes	No Votes
Minor-Brown, Chukwuocha, Lambert, Baumbach, Bentz, Cooke, K.Johnson, Lynn, Morrison, Wilson-Anton
Pinkney, Brown, Sokola, Townsend
Current Status — House Judiciary 5/27/21

“Interrogations are a critical component of the law enforcement process, but too often, there are questions about what actually was said or what happened in that room,” said Rep. Minor-Brown, D-New Castle South. “Much like body cameras, taping interrogations will provide an accurate record of what happened. It will increase transparency and accountability, but it will also provide protection for both the person being questioned and the officers conducting the interrogation. It will reduce false accusations and help restore trust in the process.”

“This legislation will protect both defendants and police from false accusations by requiring an accurate and impartial recording of what transpires behind closed doors,” said Sen. Marie Pinkney, the Senate prime sponsor of HB 215. “If we hope to restore trust in our criminal justice system, we must be willing to eliminate secrecy, innuendo and ambiguity from the equation. This legislation is a major step forward in that effort and one that will benefit all parties involved in police interrogations.”

HB 215, which was assigned to the House Judiciary Committee, would take effect six months after it is signed into law.