The bill requires all law enforcement agencies to have audio-visual recording equipment available and policies and procedures in place for preserving custodial interrogations by January 1, 2017. A peace officer must record custodial interrogations occurring in a permanent detention facility if the peace officer is investigating a class 1 or 2 felony or a felony sexual assault. A peace officer does not have to record the interrogation if:
- The defendant requests that the interrogation not be recorded and the defendant's request is preserved by electronic recording or in writing;
- The recording equipment fails;
- The recording equipment is unavailable, either through damage or extraordinary circumstances;
- Exigent circumstances related to public safety prevent recording; or
- The interrogation takes place outside of Colorado.
The court may admit evidence from a custodial interrogation that is not recorded. When offering evidence from an unrecorded interrogation, if the prosecution shows by a preponderance of the evidence that one of the exceptions apply or that the evidence is offered as rebuttal or impeachment evidence, the court may admit the evidence without a cautionary instruction. If the prosecution does not meet that burden, the court shall issue a cautionary instruction to the jury after admitting the evidence.