House bill would require video recording of custodial interrogations in violent-crime cases

A bill introduced Jan. 29, 2025, in the Pennsylvania House would require law enforcement to make an electronic (video with audio) recording of custodial interrogations in their entirety when the interrogation relates to a crime of violence. The measure, titled the Uniform Electronic Recordation of Custodial Interrogations Act and filed as House Bill 413, was introduced by a group of House members and referred to the Judiciary Committee. The proposal would add a new chapter to Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes and defines key terms, including “custodial interrogation,” “electronic recording,” “law enforcement agency” and “law enforcement officer.” Under the bill, an interrogation related to a crime of violence must be recorded electronically in full, subject to enumerated exceptions such as exigent circumstances, the individual’s refusal to participate if recorded, interrogations by another jurisdiction performed in compliance with that jurisdiction’s law, concerns about disclosing a confidential informant or safety, and equipment malfunction. If an officer relies on an exception and does not record the interrogation in full, the bill requires the officer to prepare a written or electronic justification as soon as practicable summarizing the reason and the statements made. The prosecution must prove by a preponderance of the evidence that an exception applies when it seeks to justify an unrecorded interrogation. The bill excludes spontaneous statements made outside the course of a custodial interrogation and routine booking questions asked during processing. It also explicitly says notice and consent for recording are not required from the person being interrogated and prohibits recording privileged communications between an individual and that individual’s lawyer. On admissibility, courts must consider failure to record all or part of an interrogation when determining whether a statement was voluntary or reliable. If an unrecorded statement is admitted, a defendant may request a cautionary jury instruction. The bill directs each law enforcement agency in the Commonwealth to adopt procedures to identify, preserve and make accessible electronic recordings consistent with Pennsylvania Rule of Evidence Article X. The Office of Attorney General would promulgate regulations in consultation with the Commissioner of the Pennsylvania State Police, monitor enforcement by Commonwealth governmental law enforcement agencies, set technical standards for video (angle, focus, field of vision), assign supervisory responsibilities, require a chain-of-custody process, and establish administrative sanctions and systems of internal accountability. The bill allows the Attorney General to issue temporary regulations to speed implementation; those temporary regulations have specified expiration rules tied to either the permanent regulations’ effective date or a two-year limit. The measure includes limited immunity: a governmental law enforcement agency that has reasonably designed procedures to comply with the regulations is not subject to civil damages for violations of the chapter, and the bill states it does not create a private right of action against a law enforcement officer. The bill also provides for self-authentication of recordings with a sworn certificate of authenticity and preserves an individual’s right to challenge authenticity under other Commonwealth law. Section 1112 would require the prosecution to serve a defendant with written notice of intent to introduce an unrecorded custodial-statement in its case-in-chief and to identify any exception it will rely on no later than 14 days after arraignment. The bill sets staggered effective dates: the provisions adding regulation authority under section 1115 would take effect immediately; the remainder of the act would take effect on the earlier of the effective date of temporary regulations promulgated under section 1115(e) or Jan. 1, 2026. House Bill 413 was introduced and referred to the House Judiciary Committee on Jan. 29, 2025; no committee action or floor vote is recorded in the bill text.