Pennsylvania SB 370: An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in preliminary provisions, adopting the Uniform Electronic Recordation of Custodial Interrogations Act; requiring recordings of interrogations; and imposing functions on the Attorney General.

Bill Text

PRINTER'S NO. 318
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 370
Session of
2025
INTRODUCED BY HUGHES, KEARNEY, HAYWOOD, SCHWANK, COSTA AND KANE,
MARCH 6, 2025
REFERRED TO LAW AND JUSTICE, MARCH 6, 2025
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in preliminary provisions, adopting
the Uniform Electronic Recordation of Custodial
Interrogations Act; requiring recordings of interrogations;
and imposing functions on the Attorney General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part I of Title 44 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 11
UNIFORM ELECTRONIC RECORDATION OF
CUSTODIAL INTERROGATIONS ACT
Sec.
1101. Short title of chapter.
1102. Definitions.
1103. Electronic recording requirement.
1104. Notice and consent not required.
1105. Exception for exigent circumstances.
1106. Exception for individual's refusal to be recorded
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electronically.
1107. Exception for interrogation conducted by other
jurisdiction.
1108. Exception based on belief recording not required.
1109. Exception for safety of individual or protection of
identity.
1110. Exception for equipment malfunction.
1111. Burden of persuasion.
1112. Notice of intent to introduce unrecorded statement.
1113. Procedural remedies.
1114. Handling and preserving electronic recording.
1115. Regulations relating to electronic recording.
1116. Limitation of liability.
1117. Self-authentication.
1118. (Reserved).
1119. Uniformity of application and construction.
1120. Relation to Electronic Signatures in Global and National
Commerce Act.
§ 1101. Short title of chapter.
This chapter shall be known and may be cited as the Uniform
Electronic Recordation of Custodial Interrogations Act.
§ 1102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child." As defined in 42 Pa.C.S. § 6302 (relating to
definitions).
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses). The
term includes a violent delinquent act.
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"Custodial interrogation." Questioning or other conduct by a
law enforcement officer which:
(1) is reasonably likely to elicit an incriminating
response from an individual; and
(2) occurs when a reasonable individual in the same
circumstances would consider that the individual is in
custody.
The term includes giving a required warning, advice of rights of
the individual being questioned and waiver of rights by the
individual.
"Electronic recording." A video recording, with audio, which
accurately and completely records a custodial interrogation.
"Law enforcement agency." A governmental entity or person
authorized by a governmental entity or state law to enforce
criminal laws or investigate suspected criminal activity. The
term includes a nongovernmental entity which has been delegated
the authority to enforce criminal laws or investigate suspected
criminal activity. The term does not include a law enforcement
officer.
"Law enforcement officer." Any of the following:
(1) An individual who is employed by a law enforcement
agency and whose responsibilities include enforcing criminal
laws or investigating suspected criminal activity.
(2) An individual acting at the request or direction of
an individual described in paragraph (1).
"Person." Any of the following:
(1) An individual, corporation, business trust,
statutory trust, estate, trust, partnership, limited
liability company, association, joint venture or public
corporation.
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(2) A government or governmental subdivision, agency or
instrumentality.
(3) Any other legal or commercial entity.
"Record electronically." To make an electronic recording.
"State." A state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands or a
territory or insular possession subject to the jurisdiction of
the United States.
"Statement." A communication, whether oral, written,
electronic or nonverbal.
"Violent delinquent act." An offense by a child which, if
committed by an adult, would constitute a crime of violence.
§ 1103. Electronic recording requirement.
(a) Requirement.--
(1) Except as specified in paragraph (2) or subsection
(e), a law enforcement officer shall record electronically,
in its entirety, a custodial interrogation related to a crime
of violence.
(2) Paragraph (1) does not apply as described in
section:
(i) 1105 (relating to exception for exigent
circumstances);
(ii) 1106 (relating to exception for individual's
refusal to be recorded electronically);
(iii) 1107 (relating to exception for interro