                                 CODE OF VIRGINIA

CUSTODIAL INTERROGATIONS; RECORDING (§ 19.2-390.04)

A. For purposes of this section:
			&#8220;Custodial interrogation&#8221; 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.
			&#8220;Place of detention&#8221; means a police station, sheriff&#8217;s
office, jail, detention center, or other similar facility in which suspects may
be detained.

B. 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.
			This 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. 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.

D. 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.

E. 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 (&#xA7; 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.

HISTORY: 2020, c. 1126.