Virginia 2020 Regular Session Status: In Committee

SB 305 — Custodial interrogations; recording by law-enforcement officer, etc.

Last action — Incorporated by Judiciary (SB730-McClellan) (12-Y 0-N)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Custodial interrogations; recording. Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made during the custodial interrogation, but the court or jury may consider such failure in determining the weight given to such evidence. This bill is a recommendation of the Virginia Criminal Justice Conference. This bill was incorporated into SB 730.

Bill Text

  • Impact statement from DPB (SB305) View text Current html January 05, 2020

Action History

  1. Incorporated by Judiciary (SB730-McClellan) (12-Y 0-N)

  2. Impact statement from DPB (SB305)

  3. Moved from Courts of Justice to Judiciary due to a change of the committee name

  4. Referred to Committee on the Judiciary

  5. Prefiled and ordered printed; offered 01/08/20 20100960D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Incorporated by Judiciary (SB730-McClellan) (12-Y 0-N)

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 12003
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Chafin, A. Benton "Ben" — Yea
McClellan, Jennifer L. — Not Voting
Morrissey, Joseph D. — Yea
Edwards, John S. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Not Voting
Ryan T. McDougle — Yea
Saslaw, Richard L. — Not Voting
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 305 do?
Custodial interrogations; recording. Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made during the custodial interrogation, but the court or jury may consider such failure in determining the weight given to such evidence. This bill is a recommendation of the Virginia Criminal Justice Conference. This bill was incorporated into SB 730.
Who sponsors SB 305?
SB 305 is sponsored by William M. Stanley, Jr..
What is the current status of SB 305?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 305?
Track SB 305 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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