Bill Text: NY S04764 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to requiring the video recording of interrogations of juveniles in juvenile delinquency proceedings in family court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-13 - REPORTED AND COMMITTED TO FINANCE [S04764 Detail]

Download: New_York-2017-S04764-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4764--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 27, 2017
                                       ___________
        Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
          tration)  --  read  twice  and ordered printed, and when printed to be
          committed to the Committee on Children and Families -- recommitted  to
          the  Committee on Children and Families in accordance with Senate Rule
          6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
        AN  ACT to amend the family court act, in relation to video recording of
          interrogations of juveniles in  juvenile  delinquency  proceedings  in
          family court
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 8 of section 305.2 of the family court act,  as
     2  amended  by chapter 398 of the laws of 1983, is amended and a new subdi-
     3  vision 5-a is  added to read as follows:
     4    5-a. Where a child is subject to interrogation at  a  facility  desig-
     5  nated  by  the chief administrator of the courts as a suitable place for
     6  the questioning of  juveniles  pursuant  to  subdivision  four  of  this
     7  section,  the entire interrogation, including the giving of any required
     8  notice to the child as to his or her rights and the  child's  waiver  of
     9  any  rights, shall be video recorded in accordance with standards estab-
    10  lished by rule of the division of criminal justice services pursuant  to
    11  paragraph  (e)  of  subdivision  three  of section 60.45 of the criminal
    12  procedure law. The interrogation shall be recorded in a manner such that
    13  the persons in the recording are identifiable and the speech is intelli-
    14  gible. A copy of the recording shall be subject to discovery pursuant to
    15  section 331.2 of this article.
    16    8. In determining the suitability of questioning and  determining  the
    17  reasonable period of time for questioning such a child, the child's age,
    18  the  presence  or absence of his or her parents or other persons legally
    19  responsible for his or her care [and], notification pursuant to subdivi-
    20  sion three and, where the child has  been  interrogated  at  a  facility
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01707-03-8

        S. 4764--A                          2
     1  designated  by the chief administrator of the courts as a suitable place
     2  for the questioning of  juveniles,  whether  the  interrogation  was  in
     3  compliance  with  the  video-recording  and  disclosure  requirements of
     4  subdivision  five-a  of  this  section  shall be included among relevant
     5  considerations.
     6    § 2. Subdivision 3 of section 344.2 of the family court act, as  added
     7  by  section  2 of part VVV of chapter 59 of the laws of 2017, is amended
     8  to read as follows:
     9    3. Where a respondent is  subject  to  custodial  interrogation  by  a
    10  public  servant  at  a facility specified in subdivision four of section
    11  305.2 of this article, the entire custodial interrogation, including the
    12  giving of any required advice of the  rights  of  the  individual  being
    13  questioned,  and  the  waiver  of any rights by the individual, shall be
    14  recorded and governed in accordance with [the provisions  of  paragraphs
    15  (a), (b), (c), (d) and] standards established by rule of the division of
    16  criminal justice services pursuant to paragraph (e) of subdivision three
    17  of section 60.45 of the criminal procedure law.  The interrogation shall
    18  be recorded in a manner such that the persons in the recording are iden-
    19  tifiable  and  the speech is intelligible. A copy of the recording shall
    20  be subject to discovery pursuant to section 331.2 of this article.
    21    § 3. This act shall take effect on the first of November in  the  year
    22  next  succeeding  the year in which this act shall have become a law and
    23  shall apply only to confessions, admissions or other statements made  on
    24  or  after  such  effective date; provided, however, that if section 2 of
    25  part VVV of chapter 59 of the laws of 2017 shall not have  taken  effect
    26  on or before such date then section two of this act shall take effect on
    27  the  same  date  and  in  the same manner as such section of part VVV of
    28  chapter 59 of the laws of 2017, takes effect.    Effective  immediately,
    29  the  addition,  amendment and/or repeal of any rule or regulation neces-
    30  sary for the implementation of  this  act  on  its  effective  date  are
    31  authorized to be made by the division of criminal justice services on or
    32  before such effective date.
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