Bill Text: NY A00543 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that statements made by minor defendants as a result of deception by law enforcement during custodial interrogation are inadmissible.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced) 2024-01-10 - enacting clause stricken [A00543 Detail]

Download: New_York-2023-A00543-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           543

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the criminal procedure law and the family court act, in
          relation to admissibility of statements obtained  from  persons  under
          eighteen years of age by means of deception

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 60.45 of the criminal procedure law is  amended  by
     2  adding a new subdivision 2-a to read as follows:
     3    2-a. (a) A confession, admission or other statement by a defendant who
     4  is  under  eighteen  years  of age shall be presumed to be involuntarily
     5  made when it is obtained while such defendant is the subject  of  custo-
     6  dial interrogation:
     7    (i)  conducted by a public servant at a detention facility, as defined
     8  in paragraph (a) of subdivision three of this section; and
     9    (ii) a public servant  knowingly  engages  in  deception  during  such
    10  custodial interrogation.
    11    (b)  As used in this subdivision, "deception" means the knowing commu-
    12  nication of  false  facts  about  evidence  or  unauthorized  statements
    13  regarding  leniency  made  to  a  respondent by a public servant for the
    14  purpose of eliciting an incriminating response from such respondent.
    15    (c) The presumption under paragraph (a) of  this  subdivision  may  be
    16  overcome  by a preponderance of the evidence that the confession, admis-
    17  sion or other statement was voluntarily given, provided that the  burden
    18  of proof in any hearing pursuant to this subdivision shall rest upon the
    19  people.
    20    §  2. Section 344.2 of the family court act is amended by adding a new
    21  subdivision 3-a to read as follows:
    22    3-a. (a) A confession, admission or other statement  by  a  respondent
    23  who  is less than eighteen years of age shall be presumed to be involun-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02817-01-3
        A. 543                              2

     1  tarily made when it is obtained while such respondent is the subject  of
     2  custodial interrogation:
     3    (i)  conducted by a public servant at a detention facility, as defined
     4  in paragraph (a) of subdivision three of section 60.45 of  the  criminal
     5  procedure law; and
     6    (ii)  a  public  servant  knowingly  engages  in deception during such
     7  custodial interrogation.
     8    (b) As used in this subdivision, "deception" means the knowing  commu-
     9  nication  of  false  facts  about  evidence  or  unauthorized statements
    10  regarding leniency made to a respondent by  a  public  servant  for  the
    11  purpose of eliciting an incriminating response from such respondent.
    12    (c)  The  presumption  under  paragraph (a) of this subdivision may be
    13  overcome by a preponderance of the evidence that the confession,  admis-
    14  sion  or other statement was voluntarily given, provided that the burden
    15  of proof in any hearing pursuant to this subdivision shall rest upon the
    16  people.
    17    § 3. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.