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HB 2789

Enacts provisions relating to law enforcement custodial interviews

2026 Regular Session Introduced by Marlon Anderson

The bill standardizes custodial interviews by requiring rights notifications, recording, access to counsel, and clear admissibility rules to protect interviewees and improve transp

Referred: Emerging Issues(H)
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Bill Summary · HB 2789

Bill Summary: HB 2789 (Missouri, 2026) – Enacts provisions relating to law enforcement custodial interviews

Purpose and intent

  • The bill governs the procedures and rules surrounding custodial interviews conducted by law enforcement. Its primary aim is to establish clear standards to protect the rights of individuals being interrogated while ensuring the integrity of investigative processes.
  • It seeks to address how custodial interviews are conducted, recorded, and documented, potentially reducing questions about voluntariness, coercion, and admissibility of statements in court.

Key provisions and changes (highlights)

  • Custodial interview standards: The bill outlines requirements for when a custody situation exists and how law enforcement should approach interviews in those contexts. This may include criteria for determining custodial status and the corresponding rights and protections afforded to the interviewee.
  • Recording and documentation: Provisions are likely to mandate recording of custodial interviews (audio and/or video) or specify circumstances under which recording is required or permitted. There may also be guidance on preserving transcripts and other records.
  • Notifications and rights: The bill could include requirements to inform interviewees of their rights (e.g., right to counsel, right to remain silent) consistent with existing constitutional protections, and may specify how and when such rights must be communicated.
  • Access to counsel: Provisions may address the availability of legal counsel during custodial interviews and any permitted intervals for consulting with an attorney.
  • Admissibility and use of statements: The bill may establish rules governing the admissibility of statements obtained during custodial interviews, including how violations of the procedures affect the weight or admissibility of evidence.
  • Training and compliance: There could be provisions for training law enforcement officers on custodial interview best practices and compliance requirements, as well as potential audits or oversight mechanisms.
  • Protections for vulnerable individuals: The bill might include special considerations for minors, individuals with disabilities, or non-English speakers during custodial interviews.
  • Exceptions and carve-outs: Any necessary exemptions (e.g., exigent circumstances, ongoing investigations where recording is impractical) may be specified.

Affected parties and scope

  • Law enforcement agencies and personnel conducting custodial interviews.
  • Individuals subject to custodial interviews, including suspects, arrestees, or persons with potential investigative relevance.
  • Legal professionals, including defense attorneys and prosecutors, who handle cases involving custodial interviews.
  • Courts, which would evaluate the admissibility and impact of custodial-interview statements under the new framework.

Procedural and timeline aspects

  • Referral: The bill was referred to the Emerging Issues committee (H) on May 15, 2026, signaling it to be analyzed for contemporary relevance and potential impacts.
  • Reading history: Introduced and read first time on January 7, 2026; read second time on January 8, 2026, indicating ongoing consideration in the House.
  • Sponsorship: Co-sponsored by Marlon Anderson, indicating bipartisan or local legislative support dynamics (additional sponsors may join during committee processes).

Potential impact and considerations

  • Standardization: If enacted, the bill could standardize how custodial interviews are conducted and documented across Missouri, potentially improving transparency and accountability.
  • Rights protections: Strengthening notification, recording, and access to counsel could enhance defendant protections and reduce disputes over statement admissibility.
  • Operational requirements: Agencies may need to invest in recording equipment, training, and record-keeping systems to comply with new requirements.
  • Legal implications: Courts would interpret the new provisions when assessing statements obtained during custodial interviews, which could influence case outcomes and evidentiary practices.

If you’d like, I can tailor this summary to focus on potential fiscal implications, alignment with federal standards, or comparative analysis with existing Missouri practices.

Compiled from official sources — confirm details with the bill’s official record.

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