Topic: interrogations

Creates new sections of KRS Chapter 15 to define terms related to the electronic recording of custodial interrogations,requires law enforcement officers to electronically record custodial interrogations,specifies that law enforcement officers conducting custodial interrogations are not required to obtain consent from the individual being interrogated.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to provide grants to States and units of local government for the video recording of custodial interrogations.

Video recording of custodial interrogations advances 3 important “civic values”: truth finding, efficient and fair administration of justice, protection of constitutional guarantees
– Truth finding comes from the fact that recordings would decrease incentive to fabricate evidence, enhance credibility
– Efficiency arises from higher quality investigations due to better evidence
– Streamlines training of police officers and makes it easier for the public to identify misuses of force by law enforcement/police officers,also in inclusion/exclusion of evidence
Cost of investigation and litigation is lowered when crime solving process is more efficient and accurate
Recordings help identify and avoid biases within law enforcement
Improve public confidence in policing

Requires that custodial interrogations of children, at a place of detention, by a law enforcement officer, be electronically recorded,requires the law enforcement officer to prepare a written explanation if the interrogation is not electronically recorded.

Establishes that the use of force and deadly force by a police officer is justified under certain circumstances,establishes that records relating to complaints against law enforcement officers are not personnel records for certain purposes,authorizes a custodian of records to deny inspection of records relating to complaints against law enforcement officers under certain circumstances,repeals a requirement that investigations and interrogations of a law enforcement officer.

Establishes that the use of force and deadly force by a police officer is justified under certain circumstances,establishes that records relating to complaints against law enforcement officers are not personnel records for certain purposes,authorizes a custodian of records to deny inspection of records relating to complaints against law enforcement officers under certain circumstances,repeals a requirement that investigations and interrogations of a law enforcement officer.

Defines terms related to the electronic recording of custodial interrogations,requires law enforcement officers to electronically record custodial interrogations,specifies that law enforcement officers conducting custodial interrogations are not required to obtain consent from the individual being interrogated,provides exceptions to the requirement of recording interrogations based upon exigent circumstances, refusal to participate by the individual being interrogated.

For the purpose of establishing that the use of force and the use of deadly force by a police officer is justified under certain circumstances,requiring a trier of fact to consider
certain factors when assessing whether a police officer’s use of force was reasonable,providing that a police officer who uses deadly force with an honest but unreasonable belief in its necessity is guilty of voluntary manslaughter,establishing that records relating to complaints against law enforcement officers are not personnel records for certain purposes,authorizing a custodian of records to deny inspection of records relating to complaints against law enforcement officers under certain circumstances;repealing a requirement that investigations and interrogations of a law enforcement officer be conducted by certain persons,requiring that a person submitting a complaint against a law enforcement officer be provided with certain records,making
conforming changes,defining certain terms,and generally relating to the conduct of law enforcement officers.

Requires a law enforcement officer who takes a child into custody to provide notice to the child’s parents, guardian, or custodian in a manner reasonably calculated to give actual notice,specifies the required contents of a notice,prohibits the interrogation of a child by a law enforcement officer until the child has consulted with a certain attorney and a notice has been provided to the child’s parent, guardian, or custodian.

Requires a law enforcement officer who takes a child into custody to provide notice to the child’s parents, guardian, or custodian in a manner reasonably calculated to give actual notice,specifies the required contents of a notice,prohibits the interrogation of a child by a law enforcement officer until the child has consulted with an attorney and a notice has been provided to the child’s parent, guardian, or custodian.

Relates to privileged communications between law enforcement officers, peer counselors, and the Office of Public Safety Officer Support,changes the name of the Office of Public Safety Officer Support,relates to employment and training of peace officers,enacts a bill of rights for peace officers under investigation,provides for interrogation procedures,provides for the right of notice of disciplinary action,provides for bias motivated by intimidation against first responders.