MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary B
By: Representative Harness
AN ACT TO REQUIRE ALL STATE AND LOCAL LAW ENFORCEMENT TO ELECTRONICALLY RECORD CUSTODIAL INTERROGATIONS OF ANY PERSON SUSPECTED OF A CRIME OF VIOLENCE; TO PROVIDE THAT THE RECORDING SHALL BE CONTINUOUS AND UNINTERRUPTED; TO PROVIDE THAT ANY SIGNAGE OF A WRITTEN STATEMENT BY A DEFENDANT SHALL BE RECORDED; TO REQUIRE EACH LAW ENFORCEMENT AGENCY TO SAFELY STORE AND RETAIN THE RECORDINGS FOR NO LESS THAN 30 YEARS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The following words shall have the meanings described as follows:
(a) "Custodial interrogation" means questioning of a person to whom warnings given pursuant to Miranda v. Arizona, 384 U.S. 436 (1966), are required to be given;
(b) "Electronic recording" means audio or audiovisual recording; provided, an audiovisual recording shall be used when feasible; and
(c) "Place of detention" means a fixed location under the control of a law enforcement agency of this state where individuals are questioned about alleged crimes.
(2) All local and state law enforcement agencies shall electronically record all custodial interrogations for persons suspected of committing a crime of violence as defined by Section 97-3-2. The electronic recording shall capture the complete custodial interrogation. The recording shall be continuous and uninterrupted. If the defendant chooses to make or sign a written statement during the course of the custodial interrogation concerning, the making and signing of the statement shall also be electronically recorded as part of the complete recording.
(3) Each law enforcement agency shall safely store and retain all recordings no less than thirty (30) years after the date from which the interrogation was recorded.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.