{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-390.04.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-390.04.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-390.04.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-390.04.html"}],"law_id":86792,"edition_id":1,"section_id":86792,"structure_id":15051,"section_number":"19.2-390.04","catch_line":"Custodial interrogations; recording","history":"2020, c. 1126.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Custodial interrogation” means any interview conducted by a law-enforcement officer in such circumstances that would lead a reasonable person to consider himself to be in custody associated with arrest and during which the law-enforcement officer takes actions or asks questions that are reasonably likely to elicit responses from the person that could incriminate him.\n\t\t\t“Place of detention” means a police station, sheriff’s office, jail, detention center, or other similar facility in which suspects may be detained.B\n\nA law-enforcement officer conducting a custodial interrogation of any person at a place of detention shall cause an audiovisual recording of the entirety of such custodial interrogation to be made. If such law-enforcement officer is unable to cause an audiovisual recording of such custodial interrogation to be made, the law-enforcement officer shall cause an audio recording of such custodial interrogation to be made.\n\t\t\tThis subsection shall not apply when a law-enforcement officer conducting a custodial interrogation has good cause not to record such custodial interrogation. Good cause shall include those circumstances where (i) the recording equipment fails, (ii) the recording equipment is unavailable, or (iii) exigent circumstances relating to public safety exist that prevent the recording of such custodial interrogation.C\n\nThe failure of a law-enforcement officer to cause an audiovisual or audio recording to be made in accordance with subsection B shall not affect the admissibility of the statements made by the subject of the custodial interrogation, but such failure may be considered in determining the weight given to such evidence.D\n\nAny audiovisual or audio recording made in accordance to subsection B shall be preserved until such time as (i) the person is acquitted or the charges against the person are otherwise dismissed and further prosecution of such charges is prohibited by law or (ii) if convicted or adjudicated delinquent, the person has completed service of his sentence and any modification of his sentence.E\n\nAny policies, standards, and guidelines for the maintenance, exchange, storage, use, sharing, distribution, and security of data developed and adopted pursuant to Chapter 20.1 of Title 2.2 (§ 2.2-2005 et. seq.) shall not apply to any audiovisual or audio recording made in accordance with subsection B. Any policies, standards, and guidelines for the maintenance, exchange, storage, use, sharing, distribution, and security of data for any audiovisual or audio recording made in accordance with subsection B shall be developed and adopted by the law-enforcement agency employing the law-enforcement officer causing the audiovisual or audio recording to be made in accordance with subsection B.","order_by":null,"text":{"0":{"id":310785,"text":"For purposes of this section:\n\t\t\t“Custodial interrogation” means any interview conducted by a law-enforcement officer in such circumstances that would lead a reasonable person to consider himself to be in custody associated with arrest and during which the law-enforcement officer takes actions or asks questions that are reasonably likely to elicit responses from the person that could incriminate him.\n\t\t\t“Place of detention” means a police station, sheriff’s office, jail, detention center, or other similar facility in which suspects may be detained.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310786,"text":"A law-enforcement officer conducting a custodial interrogation of any person at a place of detention shall cause an audiovisual recording of the entirety of such custodial interrogation to be made. If such law-enforcement officer is unable to cause an audiovisual recording of such custodial interrogation to be made, the law-enforcement officer shall cause an audio recording of such custodial interrogation to be made.\n\t\t\tThis subsection shall not apply when a law-enforcement officer conducting a custodial interrogation has good cause not to record such custodial interrogation. Good cause shall include those circumstances where (i) the recording equipment fails, (ii) the recording equipment is unavailable, or (iii) exigent circumstances relating to public safety exist that prevent the recording of such custodial interrogation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310787,"text":"The failure of a law-enforcement officer to cause an audiovisual or audio recording to be made in accordance with subsection B shall not affect the admissibility of the statements made by the subject of the custodial interrogation, but such failure may be considered in determining the weight given to such evidence.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":310788,"text":"Any audiovisual or audio recording made in accordance to subsection B shall be preserved until such time as (i) the person is acquitted or the charges against the person are otherwise dismissed and further prosecution of such charges is prohibited by law or (ii) if convicted or adjudicated delinquent, the person has completed service of his sentence and any modification of his sentence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":310789,"text":"Any policies, standards, and guidelines for the maintenance, exchange, storage, use, sharing, distribution, and security of data developed and adopted pursuant to Chapter 20.1 of Title 2.2 (§ 2.2-2005 et. seq.) shall not apply to any audiovisual or audio recording made in accordance with subsection B. Any policies, standards, and guidelines for the maintenance, exchange, storage, use, sharing, distribution, and security of data for any audiovisual or audio recording made in accordance with subsection B shall be developed and adopted by the law-enforcement agency employing the law-enforcement officer causing the audiovisual or audio recording to be made in accordance with subsection B.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15051,"edition_id":1,"name":"Central Criminal Records Exchange","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:45","date_modified":"2026-06-26 03:51:45","permalink":{"id":170405,"object_type":"structure","relational_id":15051,"identifier":"23","token":"19.2\/23","url":"\/19.2\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60081,"structure_id":15051,"section_number":"19.2-387","catch_line":"Exchange to operate as a division of Department of State Police; 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This law was first created in 2020. The record of its establishment is cataloged in chapter 1126<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":73383,"section_number":"2.2-2005","catch_line":"Creation of Agency; appointment of Chief Information Officer","order_by":null,"url":"\/2.2-2005\/"}],"permalink":{"id":170463,"object_type":"law","relational_id":86792,"identifier":"19.2-390.04","token":"19.2\/23\/19.2-390.04","url":"\/19.2-390.04\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-390.04\/","token":"19.2\/23\/19.2-390.04","dublin_core":{"Title":"Custodial interrogations; recording","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-390.04","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Custodial interrogation<\/span>” means any interview conducted by a law<\/span>-enforcement officer in such circumstances that would lead a reasonable person to consider himself to be in custody<\/span> associated with arrest<\/span> and during which the law<\/span>-enforcement officer takes actions or asks questions that are reasonably likely to elicit responses from the person that could incriminate<\/span> him.\n\t\t\t“Place of detention<\/span>” means a police station, sheriff’s office, jail, detention center, or other similar facility in which suspects may be detained. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A law<\/span>-enforcement officer conducting a custodial interrogation<\/span> of any person at a place of detention<\/span> shall cause an audiovisual recording of the entirety of such custodial interrogation<\/span> to be made. If such law<\/span>-enforcement officer is unable to cause an audiovisual recording of such custodial interrogation<\/span> to be made, the law<\/span>-enforcement officer shall cause an audio recording of such custodial interrogation<\/span> to be made.\n\t\t\tThis subsection shall not apply when a law<\/span>-enforcement officer conducting a custodial interrogation<\/span> has good cause not to record such custodial interrogation<\/span>. Good cause shall include those circumstances where (i) the recording equipment fails, (ii) the recording equipment is unavailable, or (iii) exigent circumstances relating to public safety exist that prevent the recording of such custodial interrogation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The failure of a law<\/span>-enforcement officer to cause an audiovisual or audio recording to be made in accordance with subsection B shall not affect the admissibility of the statements made by the subject of the custodial interrogation<\/span>, but such failure may be considered in determining the weight given to such evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any audiovisual or audio recording made in accordance to subsection B shall be preserved until such time as (i) the person is acquitted or the charges against the person are otherwise dismissed and further prosecution<\/span> of such charges is prohibited by law<\/span> or (ii) if convicted or adjudicated delinquent, the person has completed service of his sentence and any modification of his sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any policies, standards, and guidelines for the maintenance, exchange, storage, use, sharing, distribution, and security of data developed and adopted pursuant to Chapter 20.1 of Title 2.2 (§ 2.2-2005<\/a> et. seq.) shall not apply to any audiovisual or audio recording made in accordance with subsection B. Any policies, standards, and guidelines for the maintenance, exchange, storage, use, sharing, distribution, and security of data for any audiovisual or audio recording made in accordance with subsection B shall be developed and adopted by the law<\/span>-enforcement agency employing the law<\/span>-enforcement officer causing the audiovisual or audio recording to be made in accordance with subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCUSTODIAL INTERROGATIONS; RECORDING (\u00a7 19.2-390.04)\n\nA. For purposes of this section:\n\t\t\t“Custodial interrogation” means any interview conducted by a\nlaw-enforcement officer in such circumstances that would lead a reasonable\nperson to consider himself to be in custody associated with arrest and during\nwhich the law-enforcement officer takes actions or asks questions that are\nreasonably likely to elicit responses from the person that could incriminate\nhim.\n\t\t\t“Place of detention” means a police station, sheriff’s\noffice, jail, detention center, or other similar facility in which suspects may\nbe detained.\n\nB. A law-enforcement officer conducting a custodial interrogation of any person\nat a place of detention shall cause an audiovisual recording of the entirety of\nsuch custodial interrogation to be made. If such law-enforcement officer is\nunable to cause an audiovisual recording of such custodial interrogation to be\nmade, the law-enforcement officer shall cause an audio recording of such\ncustodial interrogation to be made.\n\t\t\tThis subsection shall not apply when a law-enforcement officer conducting a\ncustodial interrogation has good cause not to record such custodial\ninterrogation. Good cause shall include those circumstances where (i) the\nrecording equipment fails, (ii) the recording equipment is unavailable, or (iii)\nexigent circumstances relating to public safety exist that prevent the recording\nof such custodial interrogation.\n\nC. The failure of a law-enforcement officer to cause an audiovisual or audio\nrecording to be made in accordance with subsection B shall not affect the\nadmissibility of the statements made by the subject of the custodial\ninterrogation, but such failure may be considered in determining the weight\ngiven to such evidence.\n\nD. Any audiovisual or audio recording made in accordance to subsection B shall\nbe preserved until such time as (i) the person is acquitted or the charges\nagainst the person are otherwise dismissed and further prosecution of such\ncharges is prohibited by law or (ii) if convicted or adjudicated delinquent, the\nperson has completed service of his sentence and any modification of his\nsentence.\n\nE. Any policies, standards, and guidelines for the maintenance, exchange,\nstorage, use, sharing, distribution, and security of data developed and adopted\npursuant to Chapter 20.1 of Title 2.2 (§ 2.2-2005 et. seq.) shall not apply\nto any audiovisual or audio recording made in accordance with subsection B. Any\npolicies, standards, and guidelines for the maintenance, exchange, storage, use,\nsharing, distribution, and security of data for any audiovisual or audio\nrecording made in accordance with subsection B shall be developed and adopted by\nthe law-enforcement agency employing the law-enforcement officer causing the\naudiovisual or audio recording to be made in accordance with subsection B.\n\nHISTORY: 2020, c. 1126.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}