Bill Text: NY A08923 | 2023-2024 | General Assembly | Amended
Bill Title: Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.
Spectrum: Partisan Bill (Democrat 56-0)
Status: (Introduced) 2024-04-03 - reported referred to codes [A08923 Detail]
Download: New_York-2023-A08923-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8923--A IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. HEVESI, CLARK, RAGA, SIMON, KELLES, DINOWITZ, L. ROSENTHAL, BURGOS, EPSTEIN, AUBRY, ARDILA, ZACCARO, CARROLL, LAVINE, REYES, GLICK, BURDICK, ZINERMAN, GONZALEZ-ROJAS, LEVENBERG, WEPRIN, MAMDANI, ANDERSON, JACKSON, CRUZ, HYNDMAN, FORREST, SEPTIMO, SEAWRIGHT, BRONSON, CUNNINGHAM, MEEKS, ALVAREZ, PRETLOW, PAULIN, DICK- ENS, DE LOS SANTOS, BORES, SIMONE, VANEL, GALLAGHER, FAHY, OTIS, WALK- ER, GIBBS, O'DONNELL, SOLAGES, MITAYNES -- read once and referred to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 his17care] 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03283-02-4A. 8923--A 2 1 § 3. Paragraph (b) of subdivision 4 of section 305.2 of the family 2 court act, as amended by section 63 of part WWW of chapter 59 of the 3 laws of 2017, is amended to read as follows: 4 (b) when the officer does not reasonably believe the parent or other 5 person legally responsible for the child's care will appear for the 6 child, forthwith and with all reasonable speed take the child directly, 7 and without his or her first being taken to the police station house, to 8 the family court located in the county in which the act occasioning the 9 taking into custody allegedly was committed, or, when the family court 10 is not in session, to the most accessible magistrate, if any, designated 11 by the appellate division of the supreme court in the applicable depart- 12 ment to conduct a hearing under section 307.4 [of this part, unless the13officer determines that it is necessary to question the child, in which14case he or she may take the child to a facility designated by the chief15administrator of the courts as a suitable place for the questioning of16children or, upon the consent of a parent or other person legally17responsible for the care of the child, to the child's residence and18there question him or her for a reasonable period of time]; or 19 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family 20 court act, as amended by section 3 of part G of chapter 58 of the laws 21 of 2010, is amended to read as follows: 22 (c) when the officer does not release the child pursuant to paragraph 23 (a) of this subdivision, or take the child to family court or to a 24 magistrate pursuant to paragraph (b) of this subdivision, take the child 25 to a place certified by the office of children and family services as a 26 juvenile detention facility for the reception of children; or 27 § 5. Subdivision 5 of section 305.2 of the family court act, as 28 amended by chapter 398 of the laws of 1983, is amended to read as 29 follows: 30 5. If such child has allegedly committed a designated felony act as 31 defined in subdivision eight of section 301.2, and the family court in 32 the county is in session, the officer shall forthwith take the child 33 directly to such family court[, unless the officer takes the child to a34facility for questioning in accordance with paragraph (b) of subdivision35four. If such child has not allegedly committed a designated felony act36and such family court is in session, the officer shall either forthwith37take the child directly to such family court, unless the officer takes38the child to a facility for questioning in accordance with paragraph (b)39of subdivision four or release the child in accordance with paragraph40(a) of subdivision four] or, when the family court is not in session, to 41 the most accessible magistrate, if any, designated by the appellate 42 division of the supreme court in the applicable department to conduct a 43 hearing under section 307.4. 44 § 6. Subdivision 6 of section 305.2 of the family court act, as added 45 by chapter 920 of the laws of 1982, is amended to read as follows: 46 6. [In all other cases] If such child has not allegedly committed a 47 designated felony act, and in the absence of special circumstances, the 48 officer shall release the child in accordance with paragraph (a) of 49 subdivision four. 50 § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, 51 subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi- 52 sion 8 as amended by chapter 299 of the laws of 2020, are amended and a 53 new subdivision 10 is added to read as follows: 54 7. If the officer determines that questioning of the child is neces- 55 sary prior to taking action authorized by subdivision four or five, the 56 officer may take the child to a facility designated by the chief admin-A. 8923--A 3 1 istrator of the courts as a suitable place for the questioning of chil- 2 dren or, upon the consent of a parent or other person legally responsi- 3 ble for the care of the child, to the child's residence and there, 4 subject to the requirements of subdivision eight, question him or her 5 for a reasonable period of time. 6 8. A child shall not be questioned pursuant to this section unless 7 [he] or until: 8 (a) the child and a person required to be notified pursuant to subdi- 9 vision three if present, have been advised: 10 [(a)] (i) of the child's right to remain silent; 11 [(b)] (ii) that the statements made by the child may be used in a 12 court of law; 13 [(c)] (iii) of the child's right to have an attorney present at such 14 questioning; and 15 [(d)] (iv) of the child's right to have an attorney provided for him 16 or her without charge if he or she is indigent; and 17 (b) the child has consulted with legal counsel in person, by tele- 18 phone, or by video conference. This consultation may not be waived. 19 [8.] 9. In determining the suitability of questioning and determining 20 the reasonable period of time for questioning such a child, the child's 21 age, the presence or absence of his or her parents or other persons 22 legally responsible for his or her care, notification pursuant to subdi- 23 vision three and, where the child has been interrogated at a facility 24 designated by the chief administrator of the courts as a suitable place 25 for the questioning of juveniles, whether the interrogation was in 26 compliance with the video-recording and disclosure requirements of 27 subdivision five-a of this section shall be included among relevant 28 considerations. 29 10. In addition to statements that must be suppressed as involuntarily 30 made within the definition in subdivision two of section 344.2, a state- 31 ment shall be suppressed: when the child has not consulted with legal 32 counsel as required by paragraph (b) of subdivision eight; or when a 33 person notified pursuant to subdivision three, if present, has not been 34 advised of and voluntarily waived the rights delineated in paragraph (a) 35 of subdivision eight. 36 § 8. Section 724 of the family court act, the section heading and 37 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980, 38 subdivision (a) as amended by chapter 920 of the laws of 1982, para- 39 graphs (i) and (ii) as amended and paragraph (iv) of subdivision (b) as 40 added by section 4 of part E of chapter 57 of the laws of 2005, para- 41 graph (iii) of subdivision (b) as amended by section 7 of part M of 42 chapter 56 of the laws of 2017, and subdivision (d) as added by chapter 43 809 of the laws of 1963, is amended to read as follows: 44 § 724. Duties of police officer or peace officer after taking into 45 custody or on delivery by private person. (a) If a peace officer or a 46 police officer takes into custody or if a person is delivered to him or 47 her under section seven hundred twenty-three, the officer shall imme- 48 diately, before transporting the child to any other location, notify the 49 parent or other person legally responsible for his or her care, or the 50 person with whom he or she is domiciled, that he or she has been taken 51 into custody. 52 (b) After making every reasonable effort to give notice under [para-53graph] subdivision (a) of this section, the officer shall 54 (i) when the officer reasonably believes such parent or other person 55 legally responsible for the child's care will appear, take the child to 56 his or her home, the police station house, or another location agreedA. 8923--A 4 1 upon with the parent or person legally responsible, and release the 2 youth to the custody of [his or her parent or other] such person [legal-3ly responsible for his or her care] upon the written promise, without 4 security, of the person to whose custody the youth is released that he 5 or she will produce the youth before the lead agency designated pursuant 6 to section seven hundred thirty-five of this article in that county at a 7 time and place specified in writing; or 8 (ii) when the officer does not reasonably believe such parent or other 9 person legally responsible for the child's care will appear for the 10 child, forthwith and with all reasonable speed take the youth directly, 11 and without first being taken to the police station house, to the desig- 12 nated lead agency located in the county in which the act occasioning the 13 taking into custody allegedly was done[, unless the officer determines14that it is necessary to question the youth, in which case he or she may15take the youth to a facility designated by the chief administrator of16the courts as a suitable place for the questioning of youth or, upon the17consent of a parent or other person legally responsible for the care of18the youth, to the youth's residence and there question him or her for a19reasonable period of time]; or 20 (iii) take a youth in need of crisis intervention or respite services 21 to a runaway and homeless youth crisis services program or other 22 approved respite or crisis program; or 23 (iv) take the youth directly to the family court located in the county 24 in which the act occasioning the taking into custody was allegedly done, 25 provided that the officer affirms on the record that he or she attempted 26 to exercise the options identified in paragraphs (i), (ii) and (iii) of 27 this subdivision, was unable to exercise these options, and the reasons 28 therefor. 29 (c) In the absence of special circumstances, the officer shall release 30 the child in accord with paragraph [(b)] (i) of subdivision (b) of this 31 section. 32 (d) If the officer determines that questioning of the child is neces- 33 sary prior to taking action authorized by subdivision (b) of this 34 section, the officer may take the child to a facility designated by the 35 chief administrator of the courts as a suitable place for the question- 36 ing of children or, upon the consent of a parent or other person legally 37 responsible for the care of the child, to the child's residence and 38 there, subject to the requirements of subdivision (e) of this section, 39 question him or her for a reasonable period of time. 40 (e) In determining the suitability of questioning and determining what 41 is a "reasonable period of time" for questioning a child, the child's 42 age [and], the presence or absence of his or her parents or other person 43 legally responsible for his or her care and notification pursuant to 44 subdivision (a) of this section shall be included among the relevant 45 considerations. 46 (f) No statement made to a peace officer or a police officer prior to 47 the commencement of a fact-finding hearing may be admitted into evidence 48 at a fact-finding hearing. 49 § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as 50 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 51 amended to read as follows: 52 6. (a) Upon arresting a juvenile offender or a person sixteen or 53 [commencing October first, two thousand nineteen,] seventeen years of 54 age without a warrant, the police officer shall immediately, before 55 transporting the child to the police station house, notify the parent or 56 other person legally responsible for his or her care or the person withA. 8923--A 5 1 whom he or she is domiciled, that such juvenile offender or [person] 2 sixteen or seventeen year old has been arrested, and the location of the 3 facility where he or she [is being] will be detained. 4 (b) If the officer determines that it is necessary to question a juve- 5 nile offender or [such person] sixteen or seventeen year old, the offi- 6 cer must take him or her to a facility designated by the chief adminis- 7 trator of the courts as a suitable place for the questioning of children 8 or, upon the consent of a parent or other person legally responsible for 9 the care of the juvenile or [such person] sixteen or seventeen year old, 10 to his or her residence and there, subject to the requirements of para- 11 graph (c) of this subdivision, question him or her for a reasonable 12 period of time. 13 (c) A juvenile offender or [such person] sixteen or seventeen year old 14 shall not be questioned pursuant to this section unless or until: 15 (i) he or she and a person required to be notified pursuant to para- 16 graph (a) of this subdivision, if present, have been advised: 17 [(a)] (A) of the juvenile offender's or [such person's] sixteen or 18 seventeen year old's right to remain silent; 19 [(b)] (B) that the statements made by him or her may be used in a 20 court of law; 21 [(c)] (C) of his or her right to have an attorney present at such 22 questioning; and 23 [(d)] (D) of his or her right to have an attorney provided for him or 24 her without charge if he or she is unable to afford counsel[.]; 25 (ii) the juvenile offender or sixteen or seventeen year old has 26 consulted with an attorney in person, by telephone, or by video confer- 27 ence. This consultation may not be waived. 28 (d) In determining the suitability of questioning and determining the 29 reasonable period of time for questioning such a juvenile offender or 30 [person] sixteen or seventeen year old, his or her age, the presence or 31 absence of his or her parents or other persons legally responsible for 32 his or her care and notification pursuant to paragraph (a) of this 33 subdivision shall be included among relevant considerations. 34 (e) In addition to statements that must be suppressed as involuntarily 35 made within the definition in subdivision two of section 60.45 of this 36 chapter, a statement shall be suppressed: when the child has not 37 consulted with an attorney as required by paragraph (c) of this subdivi- 38 sion; or when a person notified pursuant to paragraph (a) of this subdi- 39 vision, if present, has not been advised of and voluntarily waived the 40 rights delineated in paragraph (c) of this subdivision. 41 § 10. Subdivision 5 of section 140.27 of the criminal procedure law, 42 as amended by section 23 of part WWW of chapter 59 of the laws of 2017, 43 is amended to read as follows: 44 5. (a) Upon arresting a juvenile offender or a person sixteen or 45 [commencing October first, two thousand nineteen,] seventeen years of 46 age without a warrant, the peace officer shall immediately, before 47 transporting the child to the police station house, notify the parent or 48 other person legally responsible for his or her care or the person with 49 whom he or she is domiciled, that such juvenile offender or [person] 50 sixteen or seventeen year old has been arrested, and the location of the 51 facility where he or she [is being] will be detained. 52 (b) If the officer determines that it is necessary to question a juve- 53 nile offender or [such person] sixteen or seventeen year old, the offi- 54 cer must take him or her to a facility designated by the chief adminis- 55 trator of the courts as a suitable place for the questioning of children 56 or, upon the consent of a parent or other person legally responsible forA. 8923--A 6 1 the care of a juvenile offender or [such person] sixteen or seventeen 2 year old, to his or her residence and there, subject to the requirements 3 of paragraph (c) of this subdivision, question him or her for a reason- 4 able period of time. 5 (c) A juvenile offender or [such person] sixteen or seventeen year old 6 shall not be questioned pursuant to this section unless or until: 7 (i) the juvenile offender or [such person] sixteen or seventeen year 8 old and a person required to be notified pursuant to paragraph (a) of 9 this subdivision, if present, have been advised: 10 [(a)] (A) of his or her right to remain silent; 11 [(b)] (B) that the statements made by the juvenile offender or [such12person] sixteen or seventeen year old may be used in a court of law; 13 [(c)] (C) of his or her right to have an attorney present at such 14 questioning; and 15 [(d)] (D) of his or her right to have an attorney provided for him or 16 her without charge if he or she is unable to afford counsel[.]; and 17 (ii) the juvenile offender or sixteen or seventeen year old has 18 consulted with an attorney in person, by telephone or by video confer- 19 ence. This consultation may not be waived. 20 (d) In determining the suitability of questioning and determining the 21 reasonable period of time for questioning such a juvenile offender or 22 [such person] sixteen or seventeen year old his or her age, the presence 23 or absence of his or her parents or other persons legally responsible 24 for his or her care and notification pursuant to paragraph (a) of this 25 subdivision shall be included among relevant considerations. 26 (e) In addition to statements that must be suppressed as involuntarily 27 made within the definition in subdivision two of section 60.45 of this 28 chapter, a statement shall be suppressed: when the child has not 29 consulted with an attorney as required by paragraph (c) of this subdivi- 30 sion; or when a person notified pursuant to paragraph (a) of this subdi- 31 vision, if present, has not been advised of and voluntarily waived the 32 rights delineated in paragraph (c) of this subdivision. 33 § 11. Subdivision 5 of section 140.40 of the criminal procedure law, 34 as amended by section 24 of part WWW of chapter 59 of the laws of 2017, 35 is amended to read as follows: 36 5. (a) If a police officer takes an arrested juvenile offender or a 37 person sixteen or [commencing October first, two thousand nineteen,] 38 seventeen years of age into custody, the police officer shall immediate- 39 ly, before transporting the child to the police station house notify the 40 parent or other person legally responsible for his or her care or the 41 person with whom he or she is domiciled, that such juvenile offender or 42 [person] sixteen or seventeen year old has been arrested, and the 43 location of the facility where he or she [is being] will be detained. 44 (b) If the officer determines that it is necessary to question a juve- 45 nile offender or [such person] sixteen or seventeen year old the officer 46 must take him or her to a facility designated by the chief administrator 47 of the courts as a suitable place for the questioning of children or, 48 upon the consent of a parent or other person legally responsible for the 49 care of the juvenile offender or [such person] sixteen or seventeen year 50 old, to his or her residence and there, subject to the requirements of 51 paragraph (c) of this subdivision, question him or her for a reasonable 52 period of time. 53 (c) A juvenile offender or [such person] sixteen or seventeen year old 54 shall not be questioned pursuant to this section unless or until: 55 (i) he or she and a person required to be notified pursuant to para- 56 graph (a) of this subdivision, if present, have been advised:A. 8923--A 7 1 [(a)] (A) of his or her right to remain silent; 2 [(b)] (B) that the statements made by the juvenile offender or [such3person] sixteen or seventeen year old may be used in a court of law; 4 [(c)] (C) of his or her right to have an attorney present at such 5 questioning; and 6 [(d)] (D) of his or her right to have an attorney provided for him or 7 her without charge if he or she is unable to afford counsel[.]; and 8 (ii) the juvenile offender or sixteen or seventeen year old has 9 consulted with an attorney in person, by telephone, or by video confer- 10 ence. This consultation may not be waived. 11 (d) In determining the suitability of questioning and determining the 12 reasonable period of time for questioning such a juvenile offender or 13 [such person] sixteen or seventeen year old, his or her age, the pres- 14 ence or absence of his or her parents or other persons legally responsi- 15 ble for his or her care and notification pursuant to paragraph (a) of 16 this subdivision shall be included among relevant considerations. 17 (e) In addition to statements that must be suppressed as involuntarily 18 made within the definition in subdivision two of section 60.45 of this 19 chapter, a statement shall be suppressed: when the child has not 20 consulted with an attorney as required by paragraph (c) of this subdivi- 21 sion; or when a person notified pursuant to paragraph (a) of this subdi- 22 vision, if present, has not been advised of and voluntarily waived the 23 rights delineated in paragraph (c) of this subdivision. 24 § 12. This act shall take effect April 1, 2025.
