Mich. Comp. Laws § 763.9

Current through Public Act 48 of the 2024 Legislative Session
Section 763.9 - Failure to record or preserve recorded statement

Any failure to record a statement as required under section 8 of this chapter or to preserve a recorded statement does not prevent any law enforcement official present during the taking of the statement from testifying in court as to the circumstances and content of the individual's statement if the court determines that the statement is otherwise admissible. However, unless the individual objected to having the interrogation recorded and that objection was properly documented under section 8(3), the jury shall be instructed that it is the law of this state to record statements of an individual in custodial detention who is under interrogation for a major felony and that the jury may consider the absence of a recording in evaluating the evidence relating to the individual's statement.

MCL 763.9

Added by 2012, Act 479,s 3, eff. 3/28/2013.