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. LBD01707-03-8S. 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 paragraphs15(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.