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Investigators will have to record interrogations of all homicide suspects if a bill that sailed through the state House on Wednesday passes in the state Senate.
The bill, which passed 118-0, would require all North Carolina law enforcement agencies to take either an audio or video recording of the interrogation of homicide suspects.
"This bill will decrease the number of contested cases regarding what was said in interrogations in homicide cases and provide more confidence to the accuracy of confessions," said Rep. Rick Glazier, a Fayetteville Democrat, one of the bill's primary sponsors.
A survey of 500 law enforcement agencies that record interrogations, Glazier said, showed the practice increased the number of cases that ended with plea agreements instead of trials, decreased the costs of litigation and decreased the number of issues raised in appeals.
Many law enforcement agencies across the state have the equipment to record interrogations but do not do so consistently. Neither Cary nor Raleigh does so.
Almost two years ago, the Burlington Police Department was among a handful of agencies across the state that decided to record all interviews of suspects in serious felony investigations.
"Things are going well. I haven't heard anything to the contrary," said Burlington Police Chief Mike Gauldin.
The N.C. Conference of District Attorneys and the N.C. Sheriffs' Association did not oppose the legislation.
District Attorney Jim Woodall, who prosecutes cases in Orange and Chatham counties, said, "Philosophically, I agree with the intent of this statute."
But Woodall was concerned about two requirements in the bill: that the recording be uninterrupted and that if someone refuses to have the interview recorded, the refusal be recorded. The former, Woodall said, may be difficult for small departments where the lone investigator can often be interrupted during interrogations. With the latter, Woodall said, investigators might not be able to persuade a suspect to allow the refusal be recorded.
"I think it's a laudable goal but can be difficult even with the most conscientious officer," Woodall said.
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