HB 413 — An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in preliminary provisions, adopting the Uniform Electronic Recordation of Custodial Interrogations Act; requiring recordings of interrogations; and imposing functions on the Attorney General.

PRINTER'S NO.   385

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 413
                                                 Session of
                                                   2025

     INTRODUCED BY BRIGGS, CEPEDA-FREYTIZ, SANCHEZ, KHAN, D. MILLER,
        HANBIDGE, GIRAL, PIELLI, HILL-EVANS, HOWARD, DONAHUE, WARREN,
        CERRATO AND GREEN, JANUARY 29, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 2025


                                    AN ACT
 1   Amending Title 44 (Law and Justice) of the Pennsylvania
 2      Consolidated Statutes, in preliminary provisions, adopting
 3      the Uniform Electronic Recordation of Custodial
 4      Interrogations Act; requiring recordings of interrogations;
 5      and imposing functions on the Attorney General.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Part I of Title 44 of the Pennsylvania
 9   Consolidated Statutes is amended by adding a chapter to read:
10                                CHAPTER 11
11                     UNIFORM ELECTRONIC RECORDATION OF
12                       CUSTODIAL INTERROGATIONS ACT
13   Sec.
14   1101.   Short title of chapter.
15   1102.   Definitions.
16   1103.   Electronic recording requirement.
17   1104.   Notice and consent not required.
18   1105.   Exception for exigent circumstances.
19   1106.   Exception for individual's refusal to be recorded
 1                 electronically.
 2   1107.   Exception for interrogation conducted by other
 3                 jurisdiction.
 4   1108.   Exception based on belief recording not required.
 5   1109.   Exception for safety of individual or protection of
 6                 identity.
 7   1110.   Exception for equipment malfunction.
 8   1111.   Burden of persuasion.
 9   1112.   Notice of intent to introduce unrecorded statement.
10   1113.   Procedural remedies.
11   1114.   Handling and preserving electronic recording.
12   1115.   Regulations relating to electronic recording.
13   1116.   Limitation of liability.
14   1117.   Self-authentication.
15   1118.   Uniformity of application and construction.
16   1119.   Relation to Electronic Signatures in Global and National
17                 Commerce Act.
18   § 1101.   Short title of chapter.
19      This chapter shall be known and may be cited as the Uniform
20   Electronic Recordation of Custodial Interrogations Act.
21   § 1102.   Definitions.
22      The following words and phrases when used in this chapter
23   shall have the meanings given to them in this section unless the
24   context clearly indicates otherwise:
25      "Child."     As defined in 42 Pa.C.S. § 6302 (relating to
26   definitions).
27      "Crime of violence."       As defined in 42 Pa.C.S. § 9714(g)
28   (relating to sentences for second and subsequent offenses). The
29   term includes a violent delinquent act.
30      "Custodial interrogation."

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 1          (1)     The term includes questioning or other conduct by a
 2      law enforcement officer which:
 3                (i)    is reasonably likely to elicit an incriminating
 4          response from an individual; and
 5                (ii)   occurs when a reasonable individual in the same
 6          circumstances would consider that the individual is in
 7          custody.
 8          (2)     The term includes giving a required warning, advice
 9      of rights of the individual being questioned and waiver of
10      rights by the individual.
11      "Electronic recording."     A video recording, with audio, which
12   accurately and completely records a custodial interrogation.
13      "Law enforcement agency."     A governmental entity or person
14   authorized by a governmental entity or state law to enforce
15   criminal laws or investigate suspected criminal activity. The
16   term includes a nongovernmental entity which has been delegated
17   the authority to enforce criminal laws or investigate suspected
18   criminal activity. The term does not include a law enforcement
19   officer.
20      "Law enforcement officer."     Any of the following:
21          (1)     An individual who is employed by a law enforcement
22      agency and whose responsibilities include enforcing criminal
23      laws or investigating suspected criminal activity.
24          (2)     An individual acting at the request or direction of
25      an individual described in paragraph (1).
26      "Person."    Any of the following:
27          (1)     An individual, corporation, business trust,
28      statutory trust, estate, trust, partnership, limited
29      liability company, association, joint venture or public
30      corporation.

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 1             (2)   A government or governmental subdivision, agency or
 2      instrumentality.
 3             (3)   Any other legal or commercial entity.
 4      "Record electronically."         To make an electronic recording.
 5      "State."      A state of the United States, the District of
 6   Columbia, Puerto Rico, the United States Virgin Islands or a
 7   territory or insular possession subject to the jurisdiction of
 8   the United States.
 9      "Statement."         A communication, whether oral, written,
10   electronic or nonverbal.
11      "Violent delinquent act."         An offense by a child which, if
12   committed by an adult, would constitute a crime of violence.
13   § 1103.    Electronic recording requirement.
14      (a)    Requirement.--
15             (1)   Except as specified in paragraph (2) or subsection
16      (e), a custodial interrogation related to a crime of violence
17      must be recorded electronically in its entirety.
18             (2)   Paragraph (1) does not apply as described in
19      section:
20                   (i)    1105 (relating to exception for exigent
21             circumstances);
22                   (ii)    1106 (relating to exception for individual's
23             refusal to be recorded electronically);
24                   (iii)    1107 (relating to exception for interrogation
25             conducted by other jurisdiction);
26                   (iv)    1108 (relating to exception based on belief
27             recording not required);
28                   (v)    1109 (relating to exception for safety of
29             individual or protection of identity); or
30                   (vi)    1110 (relating to exception for equipment

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 1             malfunction).
 2      (b)    Justification report.--
 3             (1)   This subsection applies if a law enforcement
 4      officer:
 5                   (i)    conducts a custodial interrogation to which
 6             subsection (a) applies;
 7                   (ii)    relies upon an exception under subsection (a)
 8             (2) or (e); and
 9                   (iii)    does not electronically record the custodial
10             interrogation in its entirety.
11             (2)   If this subsection applies, the law enforcement
12      officer shall prepare a written or electronic report:
13                   (i)    explaining the reason for not recording the
14             custodial interrogation; and
15                   (ii)    summarizing the custodial interrogation process
16             and the statements of the individual subject to the
17             custodial interrogation.
18      (c)    Report timing.--A law enforcement officer shall prepare
19   the report under subsection (b) as soon as practicable after
20   completing the interrogation.
21      (d)    (Reserved).
22      (e)    Spontaneous and routine statements.--This section does
23   not apply to:
24             (1)   a spontaneous statement made outside the course of a
25      custodial interrogation; or
26             (2)   a statement made in response to a question asked
27      routinely during the processing of the arrest of an
28      individual.
29   § 1104.    Notice and consent not required.
30      Notwithstanding 18 Pa.C.S. Ch. 57 Subch. B (relating to wire,

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 1   electronic or oral communication), a law enforcement officer
 2   conducting a custodial interrogation is not required to obtain
 3   consent to electronic recording from the individual being
 4   interrogated. This chapter does not permit a law enforcement
 5   officer or a law enforcement agency to record a private
 6   communication between an individual and the individual's lawyer.
 7   § 1105.   Exception for exigent circumstances.
 8      Section 1103 (relating to electronic recording requirement)
 9   does not apply if electronic recording is not feasible because
10   of exigent circumstances. The law enforcement officer conducting
11   the interrogation shall record electronically an explanation of
12   the exigent circumstances before conducting the interrogation,
13   if feasible, or as soon as practicable after the interrogation
14   is completed.
15   § 1106.   Exception for individual's refusal to be recorded
16                electronically.
17      (a)    Refusal to participate.--Section 1103 (relating to
18   electronic recording requirement) does not apply if the
19   individual to be interrogated indicates that the individual will
20   not participate in the interrogation if the interrogation is
21   recorded electronically. If feasible, the agreement to
22   participate without recording must be recorded electronically.
23      (b)    Refusal to continue.--If, during a custodial
24   interrogation under section 1103, the individual being
25   interrogated indicates that the individual will not participate
26   in further interrogation unless electronic recording ceases, the
27   remainder of the custodial interrogation need not be recorded
28   electronically. If feasible, the individual's agreement to
29   participate without further recording must be recorded
30   electronically.

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 1      (c)    Encouraging refusal.--A law enforcement officer, with
 2   intent to avoid the requirement of electronic recording in
 3   section 1103, may not encourage an individual to request that a
 4   recording not be made.
 5   § 1107.   Exception for interrogation conducted by other
 6                jurisdiction.
 7      If a custodial interrogation occurs in another state in
 8   compliance with that state's law or is conducted by a Federal
 9   law enforcement agency in compliance with Federal law, the
10   interrogation need not be recorded electronically unless the
11   interrogation is conducted with intent to avoid the requirement
12   of electronic recording in section 1103 (relating to electronic
13   recording requirement).
14   § 1108.   Exception based on belief recording not required.
15      (a)    Initial belief.--Section 1103 (relating to electronic
16   recording requirement) does not apply if the interrogation
17   occurs when no law enforcement officer conducting the
18   interrogation has knowledge of facts and circumstances that
19   would lead an officer reasonably to believe that the individual
20   being interrogated may have committed an act for which section
21   1103 requires that a custodial interrogation be recorded
22   electronically.
23      (b)    Additional factors.--If, during a custodial
24   interrogation under subsection (a), the individual being
25   interrogated reveals facts and circumstances giving a law
26   enforcement officer conducting the interrogation reason to
27   believe that an act has been committed for which section 1103
28   requires that a custodial interrogation be recorded
29   electronically, continued custodial interrogation concerning
30   that act must be recorded electronically, if feasible.

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 1   § 1109.    Exception for safety of individual or protection of
 2                   identity.
 3      Section 1103 (relating to electronic recording requirement)
 4   does not apply if a law enforcement officer conducting the
 5   interrogation or the officer's superior reasonably believes that
 6   electronic recording would disclose the identity of a
 7   confidential informant or jeopardize the safety of an officer,
 8   the individual being interrogated or another individual. If
 9   feasible and consistent with the safety of a confidential
10   informant, an explanation of the basis for the belief that
11   electronic recording would disclose the informant's identity
12   must be recorded electronically at the time of the
13   interrogation. If contemporaneous recording of the basis for the
14   belief is not feasible, the recording must be made as soon as
15   practicable after the interrogation is completed.
16   § 1110.    Exception for equipment malfunction.
17      (a)    General malfunction.--Section 1103 (relating to
18   electronic recording requirement) does not apply to the extent
19   that recording is not feasible because:
20             (1)   the available electronic recording equipment fails,
21      despite reasonable maintenance of the equipment; and
22             (2)   timely repair or replacement is not feasible.
23      (b)    Video only.--Recording may be by video alone if audio
24   recording is not feasible under subsection (a).
25   § 1111.    Burden of persuasion.
26      If the prosecution relies on an exception under section
27   1103(a)(2) (relating to electronic recording requirement) to
28   justify a failure to record electronically a custodial
29   interrogation, the prosecution must prove by a preponderance of
30   the evidence that the exception applies.

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 1   § 1112.   Notice of intent to introduce unrecorded statement.
 2      If the prosecution intends to introduce in its case-in-chief
 3   a statement made during a custodial interrogation subject to
 4   section 1103 (relating to electronic recording requirement)
 5   which was not recorded electronically, the prosecution, not
 6   later than 14 days after arraignment, must serve the defendant
 7   with written notice of the prosecution's intent and of any
 8   exception on which the prosecution intends to rely.
 9   § 1113.   Procedural remedies.
10      (a)    Admissibility.--Unless the court finds that an exception
11   under section 1103(a)(2) (relating to electronic recording
12   requirement) applies, the court shall consider the failure to
13   record electronically all or part of a custodial interrogation
14   subject to section 1103 in determining whether a statement made
15   during the interrogation is admissible, including whether it was
16   voluntarily made and is reliable.
17      (b)    Instruction.--If the court admits into evidence a
18   statement made during a custodial interrogation that was not
19   recorded electronically in compliance with section 1103, the
20   court, on request of the defendant, shall give a cautionary
21   instruction to the jury.
22   § 1114.   Handling and preserving electronic recording.
23      Each law enforcement agency in this Commonwealth shall
24   establish and enforce procedures to ensure that the electronic
25   recording of all or part of a custodial interrogation is
26   identified, accessible and preserved as required by Pa.R.E. Art.
27   X (relating to contents of writings, recordings, and
28   photographs). The procedures shall be consistent with applicable
29   provisions contained in the regulations under section 1115
30   (relating to regulations relating to electronic recording). The

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 1   Office of Attorney General shall monitor and enforce compliance
 2   with this section.
 3   § 1115.    Regulations relating to electronic recording.
 4      (a)    Adoption and enforcement.--The Office of Attorney
 5   General shall:
 6             (1)   in consultation with the Commissioner of
 7      Pennsylvania State Police, promulgate regulations to
 8      implement this chapter; and
 9             (2)   monitor enforcement of the regulations by each law
10      enforcement agency which is a governmental entity of the
11      Commonwealth.
12      (b)    Scope.--Regulations promulgated under subsection (a)
13   shall address:
14             (1)   how an electronic recording of a custodial
15      interrogation must be made;
16             (2)   the collection and review of electronic recordings,
17      or the absence of electronic recordings, by a supervisor in
18      each law enforcement agency;
19             (3)   the assignment of supervisory responsibilities and a
20      chain of command to promote internal accountability;
21             (4)   a process for explaining noncompliance with
22      procedures and imposing administrative sanctions for a
23      failure to comply which is not justified;
24             (5)   a supervisory system expressly imposing on
25      individuals in specific positions a duty to ensure adequate
26      staffing, education, training and material resources to
27      implement this chapter; and
28             (6)   a process for monitoring the chain of custody of an
29      electronic recording.
30      (c)    Making electronic video recording.--Regulations

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 1   promulgated under subsections (a) and (b)(1) for video recording
 2   shall contain standards for the angle, focus and field of vision
 3   of a recording device which reasonably promote accurate
 4   recording of a custodial interrogation and reliable assessment
 5   of the recording's accuracy and completeness.
 6      (d)   Failure to comply with regulations.--A court may
 7   consider the failure by a law enforcement agency to comply with
 8   regulations promulgated under subsections (a) and (b)(1) in
 9   determining whether an individual's statement made during a
10   custodial interrogation conducted by the law enforcement agency
11   is admissible.
12      (e)   Temporary regulations.--
13            (1)   In order to facilitate the prompt implementation of
14      this chapter, the Office of Attorney General shall promulgate
15      temporary regulations under this section. Promulgation of
16      temporary regulations under this subsection shall not be
17      subject to any of the following:
18                  (i)    Section 612 of the act of April 9, 1929
19            (P.L.177, No.175), known as The Administrative Code of
20            1929.
21                  (ii)    Sections 201, 202, 203, 204 and 205 of the act
22            of July 31, 1968 (P.L.769, No.240), referred to as the
23            Commonwealth Documents Law.
24                  (iii)    Sections 204(b) and 301(10) of the act of
25            October 15, 1980 (P.L.950, No.164), known as the
26            Commonwealth Attorneys Act.
27                  (iv)    The act of June 25, 1982 (P.L.633, No.181),
28            known as the Regulatory Review Act.
29            (2)   Regulations promulgated under this subsection shall
30      expire on the earlier of:

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 1                   (i)    the effective date of regulations promulgated
 2             under subsection (a); or
 3                   (ii)    two years following the publication of the
 4             temporary regulations.
 5             (3)   Paragraph (1) shall expire 180 days following the
 6      effective date of this section.
 7   § 1116.    Limitation of liability.
 8      (a)    Immunity.--A law enforcement agency which is a
 9   governmental entity of the Commonwealth and has implemented
10   procedures reasonably designed to comply with regulations
11   adopted under section 1115 (relating to regulations relating to
12   electronic recording) and to ensure compliance with this chapter
13   is not subject to civil liability for damages arising from a
14   violation of this chapter. This subsection is subject to 42
15   Pa.C.S. Ch. 85 (relating to matters affecting government units).
16      (b)    No right of action.--This chapter does not create a
17   right of action against a law enforcement officer.
18   § 1117.    Self-authentication.
19      (a)    Certification.--In any pretrial or posttrial proceeding,
20   an electronic recording of a custodial interrogation is self-
21   authenticating if it is accompanied by a certificate of
22   authenticity sworn under oath or affirmation by an appropriate
23   law enforcement officer.
24      (b)    Challenges.--This chapter does not limit the right of an
25   individual to challenge the authenticity of an electronic
26   recording of a custodial interrogation under the laws of this
27   Commonwealth other than this chapter.
28   § 1118.    Uniformity of application and construction.
29      In applying and construing this uniform act, consideration
30   must be given to the need to promote uniformity of the law with

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 1   respect to its subject matter among states that enact it.
 2   § 1119.    Relation to Electronic Signatures in Global and
 3                   National Commerce Act.
 4      To the extent permitted by 15 U.S.C. § 7002 (Electronic
 5   Signatures in Global and National Commerce Act), this chapter
 6   may supersede provisions of that act.
 7      Section 2.         This act shall take effect as follows:
 8             (1)   The following provisions shall take effect
 9      immediately:
10                   (i)    The addition of 44 Pa.C.S. § 1115.
11                   (ii)    This section.
12             (2)   The remainder of this act shall take effect on the
13      earlier of:
14                   (i)    the effective date of the temporary regulations
15             promulgated under 44 Pa.C.S. § 1115(e); or
16                   (ii)    January 1, 2026.




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