STATE OF NEW YORK
________________________________________________________________________
1963
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act and the criminal procedure law, in
relation to the custodial interrogation of juveniles by law enforce-
ment
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 3 of section 305.2 of the family court act, as
2 added by chapter 920 of the laws of 1982, is amended to read as follows:
3 3. If an officer takes such child into custody or if a child is deliv-
4 ered to him or her under section 305.1, he or she shall immediately,
5 before transporting the child to the police station house, notify the
6 parent or other person legally responsible for the child's care, or if
7 such legally responsible person is unavailable the person with whom the
8 child resides, that the child has been taken into custody.
9 § 2. Paragraph (a) of subdivision 4 of section 305.2 of the family
10 court act, as added by chapter 920 of the laws of 1982, is amended to
11 read as follows:
12 (a) when the officer reasonably believes such parent or other person
13 legally responsible for the child's care will appear, take the child to
14 his or her home, the station house, or another location agreed upon with
15 the parent or person legally responsible, and release the child to the
16 custody of [his parents or other person legally responsible for his
17 care] such person upon the issuance in accordance with section 307.1 of
18 a family court appearance ticket to the child and the person to whose
19 custody the child is released; or
20 § 3. Paragraph (b) of subdivision 4 of section 305.2 of the family
21 court act, as amended by section 63 of part WWW of chapter 59 of the
22 laws of 2017, is amended to read as follows:
23 (b) when the officer does not reasonably believe the parent or other
24 person legally responsible for the child's care will appear for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03283-01-3
A. 1963 2
1 child, forthwith and with all reasonable speed take the child directly,
2 and without his or her first being taken to the police station house, to
3 the family court located in the county in which the act occasioning the
4 taking into custody allegedly was committed, or, when the family court
5 is not in session, to the most accessible magistrate, if any, designated
6 by the appellate division of the supreme court in the applicable depart-
7 ment to conduct a hearing under section 307.4 [of this part, unless the
8 officer determines that it is necessary to question the child, in which
9 case he or she may take the child to a facility designated by the chief
10 administrator of the courts as a suitable place for the questioning of
11 children or, upon the consent of a parent or other person legally
12 responsible for the care of the child, to the child's residence and
13 there question him or her for a reasonable period of time]; or
14 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family
15 court act, as amended by section 3 of part G of chapter 58 of the laws
16 of 2010, is amended to read as follows:
17 (c) when the officer does not release the child pursuant to paragraph
18 (a) of this subdivision, or take the child to family court or to a
19 magistrate pursuant to paragraph (b) of this subdivision, take the child
20 to a place certified by the office of children and family services as a
21 juvenile detention facility for the reception of children; or
22 § 5. Subdivision 5 of section 305.2 of the family court act, as
23 amended by chapter 398 of the laws of 1983, is amended to read as
24 follows:
25 5. If such child has allegedly committed a designated felony act as
26 defined in subdivision eight of section 301.2, and the family court in
27 the county is in session, the officer shall forthwith take the child
28 directly to such family court[, unless the officer takes the child to a
29 facility for questioning in accordance with paragraph (b) of subdivision
30 four. If such child has not allegedly committed a designated felony act
31 and such family court is in session, the officer shall either forthwith
32 take the child directly to such family court, unless the officer takes
33 the child to a facility for questioning in accordance with paragraph (b)
34 of subdivision four or release the child in accordance with paragraph
35 (a) of subdivision four] or, when the family court is not in session, to
36 the most accessible magistrate, if any, designated by the appellate
37 division of the supreme court in the applicable department to conduct a
38 hearing under section 307.4.
39 § 6. Subdivision 6 of section 305.2 of the family court act, as added
40 by chapter 920 of the laws of 1982, is amended to read as follows:
41 6. [In all other cases] If such child has not allegedly committed a
42 designated felony act, and in the absence of special circumstances, the
43 officer shall release the child in accordance with paragraph (a) of
44 subdivision four.
45 § 7. Subdivisions 7 and 8 of section 305.2 of the family court act,
46 subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi-
47 sion 8 as amended by chapter 299 of the laws of 2020, are amended and a
48 new subdivision 10 is added to read as follows:
49 7. If the officer determines that questioning of the child is neces-
50 sary prior to taking action authorized by subdivision four or five, the
51 officer may take the child to a facility designated by the chief admin-
52 istrator of the courts as a suitable place for the questioning of chil-
53 dren or, upon the consent of a parent or other person legally responsi-
54 ble for the care of the child, to the child's residence and there,
55 subject to the requirements of subdivision eight, question him or her
56 for a reasonable period of time.
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1 8. A child shall not be questioned pursuant to this section unless
2 [he] or until:
3 (a) the child and a person required to be notified pursuant to subdi-
4 vision three if present, have been advised:
5 [(a)] (i) of the child's right to remain silent;
6 [(b)] (ii) that the statements made by the child may be used in a
7 court of law;
8 [(c)] (iii) of the child's right to have an attorney present at such
9 questioning; and
10 [(d)] (iv) of the child's right to have an attorney provided for him
11 or her without charge if he or she is indigent; and
12 (b) the child has consulted with legal counsel in person, by tele-
13 phone, or by video conference. This consultation may not be waived.
14 [8.] 9. In determining the suitability of questioning and determining
15 the reasonable period of time for questioning such a child, the child's
16 age, the presence or absence of his or her parents or other persons
17 legally responsible for his or her care, notification pursuant to subdi-
18 vision three and, where the child has been interrogated at a facility
19 designated by the chief administrator of the courts as a suitable place
20 for the questioning of juveniles, whether the interrogation was in
21 compliance with the video-recording and disclosure requirements of
22 subdivision five-a of this section shall be included among relevant
23 considerations.
24 10. In addition to statements that must be suppressed as involuntarily
25 made within the definition in subdivision two of section 344.2, a state-
26 ment shall be suppressed: when the child has not consulted with legal
27 counsel as required by paragraph (b) of subdivision eight; or when a
28 person notified pursuant to subdivision three, if present, has not been
29 advised of and voluntarily waived the rights delineated in paragraph (a)
30 of subdivision eight.
31 § 8. Section 724 of the family court act, the section heading and
32 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980,
33 subdivision (a) as amended by chapter 920 of the laws of 1982, para-
34 graphs (i) and (ii) as amended and paragraph (iv) of subdivision (b) as
35 added by section 4 of part E of chapter 57 of the laws of 2005, para-
36 graph (iii) of subdivision (b) as amended by section 7 of part M of
37 chapter 56 of the laws of 2017, and subdivision (d) as added by chapter
38 809 of the laws of 1963, is amended to read as follows:
39 § 724. Duties of police officer or peace officer after taking into
40 custody or on delivery by private person. (a) If a peace officer or a
41 police officer takes into custody or if a person is delivered to him or
42 her under section seven hundred twenty-three, the officer shall imme-
43 diately, before transporting the child to any other location, notify the
44 parent or other person legally responsible for his or her care, or the
45 person with whom he or she is domiciled, that he or she has been taken
46 into custody.
47 (b) After making every reasonable effort to give notice under [para-
48 graph] subdivision (a) of this section, the officer shall
49 (i) when the officer reasonably believes such parent or other person
50 legally responsible for the child's care will appear, take the child to
51 his or her home, the police station house, or another location agreed
52 upon with the parent or person legally responsible, and release the
53 youth to the custody of [his or her parent or other] such person [legal-
54 ly responsible for his or her care] upon the written promise, without
55 security, of the person to whose custody the youth is released that he
56 or she will produce the youth before the lead agency designated pursuant
A. 1963 4
1 to section seven hundred thirty-five of this article in that county at a
2 time and place specified in writing; or
3 (ii) when the officer does not reasonably believe such parent or other
4 person legally responsible for the child's care will appear for the
5 child, forthwith and with all reasonable speed take the youth directly,
6 and without first being taken to the police station house, to the desig-
7 nated lead agency located in the county in which the act occasioning the
8 taking into custody allegedly was done[, unless the officer determines
9 that it is necessary to question the youth, in which case he or she may
10 take the youth to a facility designated by the chief administrator of
11 the courts as a suitable place for the questioning of youth or, upon the
12 consent of a parent or other person legally responsible for the care of
13 the youth, to the youth's residence and there question him or her for a
14 reasonable period of time]; or
15 (iii) take a youth in need of crisis intervention or respite services
16 to a runaway and homeless youth crisis services program or other
17 approved respite or crisis program; or
18 (iv) take the youth directly to the family court located in the county
19 in which the act occasioning the taking into custody was allegedly done,
20 provided that the officer affirms on the record that he or she attempted
21 to exercise the options identified in paragraphs (i), (ii) and (iii) of
22 this subdivision, was unable to exercise these options, and the reasons
23 therefor.
24 (c) In the absence of special circumstances, the officer shall release
25 the child in accord with paragraph [(b)] (i) of subdivision (b) of this
26 section.
27 (d) If the officer determines that questioning of the child is neces-
28 sary prior to taking action authorized by subdivision (b) of this
29 section, the officer may take the child to a facility designated by the
30 chief administrator of the courts as a suitable place for the question-
31 ing of children or, upon the consent of a parent or other person legally
32 responsible for the care of the child, to the child's residence and
33 there, subject to the requirements of subdivision (e) of this section,
34 question him or her for a reasonable period of time.
35 (e) In determining the suitability of questioning and determining what
36 is a "reasonable period of time" for questioning a child, the child's
37 age [and], the presence or absence of his or her parents or other person
38 legally responsible for his or her care and notification pursuant to
39 subdivision (a) of this section shall be included among the relevant
40 considerations.
41 (f) No statement made to a peace officer or a police officer prior to
42 the commencement of a fact-finding hearing may be admitted into evidence
43 at a fact-finding hearing.
44 § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as
45 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is
46 amended to read as follows:
47 6. (a) Upon arresting a juvenile offender or a person sixteen or
48 [commencing October first, two thousand nineteen,] seventeen years of
49 age without a warrant, the police officer shall immediately, before
50 transporting the child to the police station house, notify the parent or
51 other person legally responsible for his or her care or the person with
52 whom he or she is domiciled, that such juvenile offender or [person]
53 sixteen or seventeen year old has been arrested, and the location of the
54 facility where he or she [is being] will be detained.
55 (b) If the officer determines that it is necessary to question a juve-
56 nile offender or [such person] sixteen or seventeen year old, the offi-
A. 1963 5
1 cer must take him or her to a facility designated by the chief adminis-
2 trator of the courts as a suitable place for the questioning of children
3 or, upon the consent of a parent or other person legally responsible for
4 the care of the juvenile or [such person] sixteen or seventeen year old,
5 to his or her residence and there, subject to the requirements of para-
6 graph (c) of this subdivision, question him or her for a reasonable
7 period of time.
8 (c) A juvenile offender or [such person] sixteen or seventeen year old
9 shall not be questioned pursuant to this section unless or until:
10 (i) he or she and a person required to be notified pursuant to para-
11 graph (a) of this subdivision, if present, have been advised:
12 [(a)] (A) of the juvenile offender's or [such person's] sixteen or
13 seventeen year old's right to remain silent;
14 [(b)] (B) that the statements made by him or her may be used in a
15 court of law;
16 [(c)] (C) of his or her right to have an attorney present at such
17 questioning; and
18 [(d)] (D) of his or her right to have an attorney provided for him or
19 her without charge if he or she is unable to afford counsel[.];
20 (ii) the juvenile offender or sixteen or seventeen year old has
21 consulted with an attorney in person, by telephone, or by video confer-
22 ence. This consultation may not be waived.
23 (d) In determining the suitability of questioning and determining the
24 reasonable period of time for questioning such a juvenile offender or
25 [person] sixteen or seventeen year old, his or her age, the presence or
26 absence of his or her parents or other persons legally responsible for
27 his or her care and notification pursuant to paragraph (a) of this
28 subdivision shall be included among relevant considerations.
29 (e) In addition to statements that must be suppressed as involuntarily
30 made within the definition in subdivision two of section 60.45 of this
31 chapter, a statement shall be suppressed: when the child has not
32 consulted with an attorney as required by paragraph (c) of this subdivi-
33 sion; or when a person notified pursuant to paragraph (a) of this subdi-
34 vision, if present, has not been advised of and voluntarily waived the
35 rights delineated in paragraph (c) of this subdivision.
36 § 10. Subdivision 5 of section 140.27 of the criminal procedure law,
37 as amended by section 23 of part WWW of chapter 59 of the laws of 2017,
38 is amended to read as follows:
39 5. (a) Upon arresting a juvenile offender or a person sixteen or
40 [commencing October first, two thousand nineteen,] seventeen years of
41 age without a warrant, the peace officer shall immediately, before
42 transporting the child to the police station house, notify the parent or
43 other person legally responsible for his or her care or the person with
44 whom he or she is domiciled, that such juvenile offender or [person]
45 sixteen or seventeen year old has been arrested, and the location of the
46 facility where he or she [is being] will be detained.
47 (b) If the officer determines that it is necessary to question a juve-
48 nile offender or [such person] sixteen or seventeen year old, the offi-
49 cer must take him or her to a facility designated by the chief adminis-
50 trator of the courts as a suitable place for the questioning of children
51 or, upon the consent of a parent or other person legally responsible for
52 the care of a juvenile offender or [such person] sixteen or seventeen
53 year old, to his or her residence and there, subject to the requirements
54 of paragraph (c) of this subdivision, question him or her for a reason-
55 able period of time.
A. 1963 6
1 (c) A juvenile offender or [such person] sixteen or seventeen year old
2 shall not be questioned pursuant to this section unless or until:
3 (i) the juvenile offender or [such person] sixteen or seventeen year
4 old and a person required to be notified pursuant to paragraph (a) of
5 this subdivision, if present, have been advised:
6 [(a)] (A) of his or her right to remain silent;
7 [(b)] (B) that the statements made by the juvenile offender or [such
8 person] sixteen or seventeen year old may be used in a court of law;
9 [(c)] (C) of his or her right to have an attorney present at such
10 questioning; and
11 [(d)] (D) of his or her right to have an attorney provided for him or
12 her without charge if he or she is unable to afford counsel[.]; and
13 (ii) the juvenile offender or sixteen or seventeen year old has
14 consulted with an attorney in person, by telephone or by video confer-
15 ence. This consultation may not be waived.
16 (d) In determining the suitability of questioning and determining the
17 reasonable period of time for questioning such a juvenile offender or
18 [such person] sixteen or seventeen year old his or her age, the presence
19 or absence of his or her parents or other persons legally responsible
20 for his or her care and notification pursuant to paragraph (a) of this
21 subdivision shall be included among relevant considerations.
22 (e) In addition to statements that must be suppressed as involuntarily
23 made within the definition in subdivision two of section 60.45 of this
24 chapter, a statement shall be suppressed: when the child has not
25 consulted with an attorney as required by paragraph (c) of this subdivi-
26 sion; or when a person notified pursuant to paragraph (a) of this subdi-
27 vision, if present, has not been advised of and voluntarily waived the
28 rights delineated in paragraph (c) of this subdivision.
29 § 11. Subdivision 5 of section 140.40 of the criminal procedure law,
30 as amended by section 24 of part WWW of chapter 59 of the laws of 2017,
31 is amended to read as follows:
32 5. (a) If a police officer takes an arrested juvenile offender or a
33 person sixteen or [commencing October first, two thousand nineteen,]
34 seventeen years of age into custody, the police officer shall immediate-
35 ly, before transporting the child to the police station house notify the
36 parent or other person legally responsible for his or her care or the
37 person with whom he or she is domiciled, that such juvenile offender or
38 [person] sixteen or seventeen year old has been arrested, and the
39 location of the facility where he or she [is being] will be detained.
40 (b) If the officer determines that it is necessary to question a juve-
41 nile offender or [such person] sixteen or seventeen year old the officer
42 must take him or her to a facility designated by the chief administrator
43 of the courts as a suitable place for the questioning of children or,
44 upon the consent of a parent or other person legally responsible for the
45 care of the juvenile offender or [such person] sixteen or seventeen year
46 old, to his or her residence and there, subject to the requirements of
47 paragraph (c) of this subdivision, question him or her for a reasonable
48 period of time.
49 (c) A juvenile offender or [such person] sixteen or seventeen year old
50 shall not be questioned pursuant to this section unless or until:
51 (i) he or she and a person required to be notified pursuant to para-
52 graph (a) of this subdivision, if present, have been advised:
53 [(a)] (A) of his or her right to remain silent;
54 [(b)] (B) that the statements made by the juvenile offender or [such
55 person] sixteen or seventeen year old may be used in a court of law;
A. 1963 7
1 [(c)] (C) of his or her right to have an attorney present at such
2 questioning; and
3 [(d)] (D) of his or her right to have an attorney provided for him or
4 her without charge if he or she is unable to afford counsel[.]; and
5 (ii) the juvenile offender or sixteen or seventeen year old has
6 consulted with an attorney in person, by telephone, or by video confer-
7 ence. This consultation may not be waived.
8 (d) In determining the suitability of questioning and determining the
9 reasonable period of time for questioning such a juvenile offender or
10 [such person] sixteen or seventeen year old, his or her age, the pres-
11 ence or absence of his or her parents or other persons legally responsi-
12 ble for his or her care and notification pursuant to paragraph (a) of
13 this subdivision shall be included among relevant considerations.
14 (e) In addition to statements that must be suppressed as involuntarily
15 made within the definition in subdivision two of section 60.45 of this
16 chapter, a statement shall be suppressed: when the child has not
17 consulted with an attorney as required by paragraph (c) of this subdivi-
18 sion; or when a person notified pursuant to paragraph (a) of this subdi-
19 vision, if present, has not been advised of and voluntarily waived the
20 rights delineated in paragraph (c) of this subdivision.
21 § 12. This act shall take effect April 1, 2024.