The Champion

August 2016 , Page 60 

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Colorado Enacts Custodial Recording Statute

By Thomas P. Sullivan

A Compendium — showing the current status of the statutory and case law in each state — and additional materials are available at http://www.nacdl.org/electronicrecordingproject. Send additions and corrections to the Compendium to Thomas P. Sullivan.

In June, Colorado Gov. John Hickenlooper signed a bill, effective July 1, 2017, requiring police to make audio-visual recordings of the entirety of custodial interrogations conducted in permanent detention facilities of persons suspected of Class 1 or 2 felonies or felony sexual assault. Colo. Rev. Stat., title 16, art. 3, part 6, § 16-3-601-03 (2016).

The Colorado statute exempts recording when the suspect makes a recorded or written request that no recording be made; the equipment fails or is unavailable through damage or extraordinary circumstances; exigent circumstances relating to public safety prevent electronic recording; or the interrogation occurs outside Colorado. Unrecorded statements may be admitted in evidence a

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