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HB 0525 - Criminal procedure; custodial statements; recording; require

Tracking Level: Monitor
Sponsor: Bearden,Timothy 68th
Last Action: 2/27/2007 - House Second Readers
House Committee: JudyNC
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

Amend Title 17.  Relating to criminal procedure.  This bill would require the recording of certain custodial statements under certain circumstances.  All custodial interrogations of an accused shall be electronically recorded and shall include the accused being advised of Miranda.  During the prosecution of a crime the statement of an accused made during a custodial interrogation shall be inadmissible as evidence against the accused unless the recording is made available to the accused 10 days prior to any proceeding.  The custodial interrogation shall be inadmissible unless electronically recorded and the accused�s parent, guardian, or attorney is present or an adult to be designated by the accused, the accused parent, legal guardian, or a child advocate is present. 

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