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Record Custodial Interrogations

Concerning a requirement that custodial interrogations related to investigations for certain serious felonies be electronically recorded, and, in connection therewith, making an appropriation.

HB16-1117 2016 Regular Session Not stated Courts & Judicial Crimes, Corrections, & Enforcement

Cost estimates

At the first note read
$24,700
FACT February 9, 2016
At the last note read
$24,700
FACT September 20, 2016
What it actually cost
not published
No Colorado source reports spending for one bill

Every figure here is an estimate by Legislative Council Staff on the date shown, about the version of the bill in front of them that day. It is not a cost.

The appropriation

The bill requires money it does not carry — the note says an appropriation is required and does not say the bill includes one.

An appropriation is money the legislature sets aside. It is not money spent.

The appropriation field, read from the note: $24,700 - Department of Corrections (FY 2016-17).

Bill summary

The act requires all law enforcement agencies to have audio-visual recording equipment available and policies and procedures in place for preserving custodial interrogations by July 1, 2017. A peace officer must record custodial interrogations occurring in a permanent detention facility if the peace officer is investigating a class 1 or 2 felony or a felony sexual assault. A peace officer does not have to record the interrogation if:

  • The defendant requests that the interrogation not be recorded and the defendant's request is preserved by electronic recording or in writing;
  • The recording equipment fails;
  • The recording equipment is unavailable, either through damage or extraordinary circumstances;
  • Exigent circumstances related to public safety prevent recording; or
  • The interrogation takes place outside of Colorado.

The court may admit evidence from a custodial interrogation that is not recorded. When offering evidence from an unrecorded interrogation, if the prosecution shows by a preponderance of the evidence that one of the exceptions apply or that the evidence is offered as rebuttal or impeachment evidence, the court may admit the evidence without a cautionary instruction. If the prosecution does not meet that burden, the court shall issue a cautionary instruction to the jury after admitting the evidence.

The act appropriates $24,700 to the department of corrections to implement the act.

This act applies to custodial interrogations conducted on or after July 1, 2017.

FACT Bill summary by Colorado Legislative Council Staff, read 2026-09-23. Printed as published, word for word. Source: leg.colorado.gov (opens in a new tab)