Existing law requires the electronic recording of the entire custodial interrogation of a minor who is in a fixed place of detention, as defined, and who, at the time of the interrogation, is suspected of committing or accused of committing murder. Existing law sets forth various exceptions from this requirement, including if the law enforcement officer conducting the interrogation or his or her superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. Existing law requires the prosecution to show by clear and convincing evidence that an exception applies to justify the failure to make that electronic recording. Existing law requires the interrogating entity to maintain the original or an exact copy of an electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. Existing law additionally requires the court to provide jury instructions developed by the Judicial Council if the court finds that a defendant was subjected to a custodial interrogation in violation of the above-mentioned provisions.
California SB 1389 (20152016) — Interrogation: electronic recordation.
Existing law requires the electronic recording of the entire custodial interrogation of a minor who is in a fixed place of detention, as defined, and who, at the time of the interrogation, is suspected of committing or accused of committing murder. Existing law sets forth various exceptions from this requirement, including if the law enforcement officer conducting the interrogation or his or her superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. Existing law requires the prosecution to show by clear and convincing evidence that an exception applies to justify the failure to make that electronic recording. Existing law requires the interrogating entity to maintain the original or an exact copy of an electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. Existing law additionally requires the court to provide jury instructions developed by the Judicial Council if the court finds that a defendant was subjected to a custodial interrogation in violation of the above-mentioned provisions.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Do pass, but first be re-referred to the Committee on [Appropriations] — 7–0 (pass) · upper
3rd Reading — 32–5 (pass) · upper
Unfinished Business SB1389 Glazer Concurrence — 33–6 (pass) · upper
SB 1389 Glazer Senate Third Reading By COOLEY — 63–13 (pass) · lower
Do pass and be re-referred to the Committee on [Appropriations] — 7–0 (pass) · lower
Sponsors
Glazer — primary (person)
Anderson — coauthor (person)
Hancock — coauthor (person)
Hernandez — author (person)
Leno — coauthor (person)
Stone — coauthor (person)
Weber — coauthor (person)
Timeline
The legislative action history — every referral, reading, and vote.
2016-02-19 Introduced. To Com. on RLS. for assignment. To print. introduction
2016-02-22 From printer. May be acted upon on or after March 23.
2016-02-22 Read first time. reading-1
2016-03-10 Referred to Com. on PUB. S. referral-committee
2016-03-15 Set for hearing April 5.
2016-04-05 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3396.) (April 5). Re-referred to Com. on APPR. referral-committee, committee-passage-favorable, committee-passage
2016-04-08 Set for hearing April 18.
2016-04-18 April 18 hearing: Placed on APPR. suspense file.
2016-05-20 Set for hearing May 27.
2016-05-27 From committee: Do pass as amended. (Ayes 6. Noes 1. Page 4009.) (May 27). committee-passage-favorable, committee-passage, amendment-passage
2016-05-31 Read second time and amended. Ordered to third reading. amendment-passage, reading-2, reading-1
2016-06-02 Read third time. Passed. (Ayes 32. Noes 5. Page 4139.) Ordered to the Assembly. reading-3, passage, reading-1
2016-06-02 In Assembly. Read first time. Held at Desk. reading-1
2016-06-09 Referred to Com. on PUB. S. referral-committee
2016-06-21 June 21 set for first hearing canceled at the request of author.
2016-06-28 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. referral-committee, committee-passage-favorable, committee-passage
2016-08-03 August 3 set for first hearing. Placed on APPR. suspense file.
2016-08-12 From committee: Do pass as amended. (Ayes 17. Noes 3.) (August 11). committee-passage-favorable, committee-passage, amendment-passage
2016-08-15 Read second time and amended. Ordered to second reading. amendment-passage, reading-2, reading-1
2016-08-16 Read second time. Ordered to third reading. reading-2, reading-1
2016-08-23 Read third time. Passed. (Ayes 63. Noes 13. Page 6096.) Ordered to the Senate. reading-3, passage, reading-1
2016-08-23 In Senate. Concurrence in Assembly amendments pending.
2016-08-25 Assembly amendments concurred in. (Ayes 33. Noes 6. Page 5409.) Ordered to engrossing and enrolling. committee-passage-favorable, amendment-passage
2016-08-31 Enrolled and presented to the Governor at 6 p.m.
2016-09-28 Approved by the Governor. executive-signature
2016-09-28 Chaptered by Secretary of State. Chapter 791, Statutes of 2016.
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/f0768aa1-3e75-400a-b48e-1cb65165bc9f. Confidence: reported (aggregated from official California legislature records).
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