California 2013-2014 Regular Session Status: Enacted

SB 569 — Interrogation: electronic recordation.

Last action — Chaptered by Secretary of State. Chapter 799, Statutes of 2013.

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

This bill has been enacted into law. Introduced February 22, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that under specified conditions the statements of witnesses, victims, or perpetrators of specified crimes may be recorded and preserved by means of videotape. This bill would require the electronic recordation of the entire custodial interrogation of a minor who is in a fixed place of detention, as defined, and who, at the time of the interrogation, is suspected of committing or accused of committing murder. The bill would set forth various exceptions from this requirement, including if the law enforcement officer conducting the interrogation or his or her superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. The bill would require the prosecution to show by clear and convincing evidence that an exception applies to justify the failure to make that electronic recording. The bill would also require the interrogating entity to maintain the original or an exact copy of an electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. The bill would require the court to provide jury instructions to be developed by the Judicial Council if the court finds that a defendant was subjected to a custodial interrogation in violation of the above-mentioned provisions. The bill would make these provisions applicable to juvenile court proceedings, as specified. By imposing these new requirements on local law enforcement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 799, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2424.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 76. Noes 1. Page 3193.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 30).

  10. Set, first hearing. Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (August 13). Re-referred to Com. on APPR.

  12. Set, first hearing. Hearing canceled at the request of author.

  13. Referred to Com. on PUB. S.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 36. Noes 0. Page 1176.) Ordered to the Assembly.

  16. Read second time and amended. Ordered to third reading.

  17. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1016.) (May 23).

  18. Set for hearing May 23.

  19. Placed on APPR. suspense file.

  20. Set for hearing April 29.

  21. Set, first hearing. Hearing canceled at the request of author.

  22. Set for hearing April 22.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 468.) (April 9). Re-referred to Com. on APPR.

  24. Set for hearing April 9.

  25. Referred to Com. on PUB. S.

  26. Read first time.

  27. From printer. May be acted upon on or after March 25.

  28. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Lieu · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Lieu

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Unfinished Business SB569 Lieu Concurrence

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Hueso — Yea
Lara — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Galgiani — Yea
Cannella — Yea
Hernandez — Yea
Huff — Yea
Anderson — Yea
Knight — Yea
Leno — Yea
Corbett — Yea
Lieu — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Vidak — Yea
Walters — Yea
Wright — Yea
De León — Not Voting
Hill — Yea
Monning — Yea
Correa — Not Voting
Wolk — Yea
Emmerson — Yea
Evans — Yea
Wyland — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 569 Lieu Senate Third Reading By MITCHELL

Passed 76 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 3100
Republican 3000
Total 76101
% of votes cast 97%1%0%1%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Linder — Yea
Mansoor — Not Voting
Medina — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Wilk — Yea
Chau — Yea
Cooley — Yea
Daly — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Holden — Yea
Logue — Yea
Nazarian — Yea
Skinner — Yea
Waldron — Yea
Allen — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Eggman — Yea
Bonilla — Yea
Hall — Yea
Jones-Sawyer — Yea
Ammiano — Yea
Levine — Yea
Melendez — Yea
Mullin — Yea
Perea — Yea
Weber — Yea
Wieckowski — Yea
Maienschein — Yea
Morrell — Yea
Bocanegra — Yea
Rendon — Yea
John A. Pérez — Yea
Ting — Yea
Salas — Yea
Williams — Yea
Chesbro — Yea
Chávez — Yea
Dickinson — Yea
Donnelly — Yea
Conway — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Harkey — Yea
Quirk — Yea
Wagner — Yea
Bocanegra — Yea
Campos — Yea
Holden — Yea
Linder — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Weber — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 33003
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Knight — Not Voting
Leno — Yea
Roth — Yea
Wright — Yea
Pavley — Yea
Price — Yea
Block — Yea
Yee — Yea
De León — Not Voting
Hill — Yea
Corbett — Yea
Monning — Yea
Steinberg — Not Voting
Wolk — Yea
Cannella — Yea
Correa — Yea
Fuller — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Lieu — Yea
Liu — Yea
Anderson — Yea
Beall — Yea
Nielsen — Yea
Torres — Yea
Walters — Yea
Emmerson — Yea
Evans — Yea
Wyland — Yea
DeSaulnier — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
De León — Yea
Hill — Yea
Steinberg — Yea
Walters — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic 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 569 do?
Existing law provides that under specified conditions the statements of witnesses, victims, or perpetrators of specified crimes may be recorded and preserved by means of videotape. This bill would require the electronic recordation of the entire custodial interrogation of a minor who is in a fixed place of detention, as defined, and who, at the time of the interrogation, is suspected of committing or accused of committing murder. The bill would set forth various exceptions from this requirement, including if the law enforcement officer conducting the interrogation or his or her superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. The bill would require the prosecution to show by clear and convincing evidence that an exception applies to justify the failure to make that electronic recording. The bill would also require the interrogating entity to maintain the original or an exact copy of an electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. The bill would require the court to provide jury instructions to be developed by the Judicial Council if the court finds that a defendant was subjected to a custodial interrogation in violation of the above-mentioned provisions. The bill would make these provisions applicable to juvenile court proceedings, as specified. By imposing these new requirements on local law enforcement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors SB 569?
SB 569 is sponsored by Lieu.
What is the current status of SB 569?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track SB 569?
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