Bill Text: NY A01156 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 1156

Introduced

Bill Title: Precludes inadmissible statements made by defendants because of false facts about evidence or because of a statement that undermines the reliability of the defendant's statement; requires data collection and analysis by the division of criminal justice services of recorded interrogations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to codes [A01156 Detail]

Download: New_York-2023-A01156-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          1156

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by M. of A. VANEL -- 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  defendants' and juvenile respondents' statement admissi-
          bility and recorded interrogations

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

     1    Section  1.  Subdivisions  1  and  2  of section 60.45 of the criminal
     2  procedure law are amended and a new subdivision 4 is added  to  read  as
     3  follows:
     4    1.  Evidence  of  a  written  or  oral confession, admission, or other
     5  statement made by a defendant with respect to his or  her  participation
     6  or  lack of participation in the offense charged, may not be received in
     7  evidence against him or her in a criminal proceeding if  such  statement
     8  was involuntarily made.
     9    2.  A confession, admission or other statement is "involuntarily made"
    10  by a defendant when it is obtained from him or her:
    11    (a) By any person by the use or threatened use of physical force  upon
    12  the  defendant  or  another  person,  or  by means of any other improper
    13  conduct or undue pressure which impaired  the  defendant's  physical  or
    14  mental condition to the extent of undermining his or her ability to make
    15  a choice whether or not to make a statement; or
    16    (b)  By  a  public servant engaged in law enforcement activity or by a
    17  person then acting under his or her direction or in cooperation with him
    18  or her:
    19    (i) by means of any promise or statement of  fact,  which  promise  or
    20  statement  undermines  the  reliability of the defendant's statement, or
    21  creates a substantial risk that the defendant might falsely  incriminate
    22  himself or herself; [or]
    23    (ii)  by  knowingly  communicating  false  facts about evidence to the
    24  defendant; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03795-01-3

        A. 1156                             2

     1    (iii) in violation of such rights as the defendant may derive from the
     2  constitution of this state or of the United States.
     3    4. The division of criminal justice services shall collect and analyze
     4  the following data related to the recordation of interrogations pursuant
     5  to  the requirements of subdivision three of this section, including but
     6  not limited to:
     7    (a)  The  aggregate  annual  number  of  recorded  interrogations   in
     8  detention  facilities  for all categories of criminal charges, including
     9  such charges as required by paragraph (a) of subdivision three  of  this
    10  section and any additional recorded interrogations.
    11    (b) The disaggregate data for each case involving a custodial interro-
    12  gation  of  a  person suspected of committing a crime that occurred in a
    13  detention facility, including:
    14    (i) Whether the interrogation was recorded.
    15    (ii) If the interrogation was not recorded, whether there was a  show-
    16  ing of good cause pursuant to paragraph (c) of subdivision three of this
    17  section.
    18    (iii)  The  duration of the interrogation and the circumstances of the
    19  recorded interrogation, including:
    20    (1) Whether the recording began: (A)  when  the  suspect  entered  the
    21  interrogation  room;  (B)  when  the suspect was read his or her Miranda
    22  rights; or (C) after the suspect was read his or her Miranda rights; and
    23    (2) Whether the recording ended: (A) after  the  interrogation  ended;
    24  (B)  immediately  after  the  suspect  confessed; or (C) at another time
    25  prior to the end of the interrogation.
    26    (iv) Whether the suspect confessed to the crime  during  the  interro-
    27  gation.
    28    (v)  Whether  the  interrogation  was recorded with video and audio or
    29  audio only.
    30    § 2.  Subparagraph (iii) of paragraph (b) of subdivision 2 of  section
    31  344.2  of  the  family court act, as added by chapter 920 of the laws of
    32  1982, is amended to read as follows:
    33    (iii) in violation of section 305.2 of this article; or
    34    (iv) in violation of subdivision two of section 60.45 of the  criminal
    35  procedure law.
    36    §  3.  This  act shall take effect on the ninetieth day after it shall
    37  have become a law.