Definitions--recording required for certain crimes--may be recorded,when--written policy required--violation, penalty.
590.700. 1. As used in this section, the following terms shall mean:
(1) "Custodial interrogation", the questioning of a person underarrest, who is no longer at the scene of the crime, by a member of a lawenforcement agency along with the answers and other statements of theperson questioned. "Custodial interrogation" shall not include:
(a) A situation in which a person voluntarily agrees to meet with amember of a law enforcement agency;
(b) A detention by a law enforcement agency that has not risen to thelevel of an arrest;
(c) Questioning that is routinely asked during the processing of thearrest of the suspect;
(d) Questioning pursuant to an alcohol influence report;
(e) Questioning during the transportation of a suspect;
(2) "Recorded" and "recording", any form of audiotape, videotape,motion picture, or digital recording.
2. All custodial interrogations of persons suspected of committing orattempting to commit murder in the first degree, murder in the seconddegree, assault in the first degree, assault of a law enforcement officerin the first degree, domestic assault in the first degree, elder abuse inthe first degree, robbery in the first degree, arson in the first degree,forcible rape, forcible sodomy, kidnapping, statutory rape in the firstdegree, statutory sodomy in the first degree, child abuse, or childkidnapping shall be recorded when feasible.
3. Law enforcement agencies may record an interrogation in anycircumstance with or without the knowledge or consent of a suspect, butthey shall not be required to record an interrogation under subsection 2 ofthis section:
(1) If the suspect requests that the interrogation not be recorded;
(2) If the interrogation occurs outside the state of Missouri;
(3) If exigent public safety circumstances prevent recording;
(4) To the extent the suspect makes spontaneous statements;
(5) If the recording equipment fails; or
(6) If recording equipment is not available at the location where theinterrogation takes place.
4. Each law enforcement agency shall adopt a written policy to recordcustodial interrogations of persons suspected of committing or attemptingto commit the felony crimes described in subsection 2 of this section.
5. If a law enforcement agency fails to comply with the provisions ofthis section, the governor may withhold any state funds appropriated to thenoncompliant law enforcement agency if the governor finds that the agencydid not act in good faith in attempting to comply with the provisions ofthis section.
6. Nothing in this section shall be construed as a ground to excludeevidence, and a violation of this section shall not have impact other thanthat provided for in subsection 5 of this section. Compliance ornoncompliance with this section shall not be admitted as evidence, argued,referenced, considered or questioned during a criminal trial.
7. Nothing contained in this section shall be construed to authorize,create, or imply a private cause of action.
Definitions--recording required for certain crimes--may be recorded,when--written policy required--violation, penalty.
590.700. 1. As used in this section, the following terms shall mean:
(1) "Custodial interrogation", the questioning of a person underarrest, who is no longer at the scene of the crime, by a member of a lawenforcement agency along with the answers and other statements of theperson questioned. "Custodial interrogation" shall not include:
(a) A situation in which a person voluntarily agrees to meet with amember of a law enforcement agency;
(b) A detention by a law enforcement agency that has not risen to thelevel of an arrest;
(c) Questioning that is routinely asked during the processing of thearrest of the suspect;
(d) Questioning pursuant to an alcohol influence report;
(e) Questioning during the transportation of a suspect;
(2) "Recorded" and "recording", any form of audiotape, videotape,motion picture, or digital recording.
2. All custodial interrogations of persons suspected of committing orattempting to commit murder in the first degree, murder in the seconddegree, assault in the first degree, assault of a law enforcement officerin the first degree, domestic assault in the first degree, elder abuse inthe first degree, robbery in the first degree, arson in the first degree,forcible rape, forcible sodomy, kidnapping, statutory rape in the firstdegree, statutory sodomy in the first degree, child abuse, or childkidnapping shall be recorded when feasible.
3. Law enforcement agencies may record an interrogation in anycircumstance with or without the knowledge or consent of a suspect, butthey shall not be required to record an interrogation under subsection 2 ofthis section:
(1) If the suspect requests that the interrogation not be recorded;
(2) If the interrogation occurs outside the state of Missouri;
(3) If exigent public safety circumstances prevent recording;
(4) To the extent the suspect makes spontaneous statements;
(5) If the recording equipment fails; or
(6) If recording equipment is not available at the location where theinterrogation takes place.
4. Each law enforcement agency shall adopt a written policy to recordcustodial interrogations of persons suspected of committing or attemptingto commit the felony crimes described in subsection 2 of this section.
5. If a law enforcement agency fails to comply with the provisions ofthis section, the governor may withhold any state funds appropriated to thenoncompliant law enforcement agency if the governor finds that the agencydid not act in good faith in attempting to comply with the provisions ofthis section.
6. Nothing in this section shall be construed as a ground to excludeevidence, and a violation of this section shall not have impact other thanthat provided for in subsection 5 of this section. Compliance ornoncompliance with this section shall not be admitted as evidence, argued,referenced, considered or questioned during a criminal trial.
7. Nothing contained in this section shall be construed to authorize,create, or imply a private cause of action.
Definitions--recording required for certain crimes--may be recorded,when--written policy required--violation, penalty.
590.700. 1. As used in this section, the following terms shall mean:
(1) "Custodial interrogation", the questioning of a person underarrest, who is no longer at the scene of the crime, by a member of a lawenforcement agency along with the answers and other statements of theperson questioned. "Custodial interrogation" shall not include:
(a) A situation in which a person voluntarily agrees to meet with amember of a law enforcement agency;
(b) A detention by a law enforcement agency that has not risen to thelevel of an arrest;
(c) Questioning that is routinely asked during the processing of thearrest of the suspect;
(d) Questioning pursuant to an alcohol influence report;
(e) Questioning during the transportation of a suspect;
(2) "Recorded" and "recording", any form of audiotape, videotape,motion picture, or digital recording.
2. All custodial interrogations of persons suspected of committing orattempting to commit murder in the first degree, murder in the seconddegree, assault in the first degree, assault of a law enforcement officerin the first degree, domestic assault in the first degree, elder abuse inthe first degree, robbery in the first degree, arson in the first degree,forcible rape, forcible sodomy, kidnapping, statutory rape in the firstdegree, statutory sodomy in the first degree, child abuse, or childkidnapping shall be recorded when feasible.
3. Law enforcement agencies may record an interrogation in anycircumstance with or without the knowledge or consent of a suspect, butthey shall not be required to record an interrogation under subsection 2 ofthis section:
(1) If the suspect requests that the interrogation not be recorded;
(2) If the interrogation occurs outside the state of Missouri;
(3) If exigent public safety circumstances prevent recording;
(4) To the extent the suspect makes spontaneous statements;
(5) If the recording equipment fails; or
(6) If recording equipment is not available at the location where theinterrogation takes place.
4. Each law enforcement agency shall adopt a written policy to recordcustodial interrogations of persons suspected of committing or attemptingto commit the felony crimes described in subsection 2 of this section.
5. If a law enforcement agency fails to comply with the provisions ofthis section, the governor may withhold any state funds appropriated to thenoncompliant law enforcement agency if the governor finds that the agencydid not act in good faith in attempting to comply with the provisions ofthis section.
6. Nothing in this section shall be construed as a ground to excludeevidence, and a violation of this section shall not have impact other thanthat provided for in subsection 5 of this section. Compliance ornoncompliance with this section shall not be admitted as evidence, argued,referenced, considered or questioned during a criminal trial.
7. Nothing contained in this section shall be construed to authorize,create, or imply a private cause of action.
