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Senate committee adopts amendment and advances bill requiring audio recordings of initial CPS interviews
Summary
The committee approved a committee substitute for SB 540 to require audio recordings of initial CPS investigative interviews (not body cams), require notice to interviewees, preserve confidentiality, and provide recordings to parents' counsel; an amendment added counsel for the department as a recipient and the bill was reported to the full Senate under double reference.
Committee counsel said the committee substitute for Senate Bill 540 narrows an earlier proposal (which included body cameras) to require audio recordings of initial CPS investigative interviews with parents, guardians and children. Counsel described requirements that CPS investigators notify the person being interviewed about the recording and that the subject can "elect to simultaneously record the interview on their own device."
Under the substitute, the audio recordings are confidential, preserved through appellate timeframes, and must be provided to parents' attorneys prior to the preliminary hearing; counsel said the recordings are not intended to supplant Child Advocacy Center interviews or in‑court, in‑camera interviews.
Senators questioned whether recordings would be provided as copies or only via attorney review; counsel answered that the parent’s attorney would generally be provided either a transcript or a disc, consistent with current practice for CAC and in‑camera interviews. A senator asked whether disclosure to a parent’s attorney could result in public posting, and counsel noted judges typically warn parties against publishing confidential materials and could hold violators in contempt.
The committee adopted a senator's amendment to add counsel for the department as a recipient of the audio recording prior to the preliminary hearing to improve representation and coordination; counsel and several senators agreed the change would improve the bill.
Members also asked about cost differences between body cameras and audio devices, and counsel said body cameras would have significantly higher fiscal impacts and privacy concerns that prompted the shift to audio.
The committee voted to report the committee substitute for SB 540 as amended to the full Senate with a recommendation that it pass, under its original double committee reference to the Committee on Finance.
What happens next: SB 540 moves to the full Senate for further consideration and finance review if needed.
