Bill Text: NY S04980 | 2019-2020 | General Assembly | Amended
Bill Title: Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles into custody.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2020-07-09 - PRINT NUMBER 4980B [S04980 Detail]
Download: New_York-2019-S04980-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4980--B 2019-2020 Regular Sessions IN SENATE April 3, 2019 ___________ Introduced by Sens. BAILEY, HOYLMAN, JACKSON, MONTGOMERY, RIVERA, SALA- ZAR, SEPULVEDA, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10989-03-0S. 4980--B 2 1 a family court appearance ticket to the child and the person to whose 2 custody the child is released; or 3 § 3. Paragraph (b) of subdivision 4 of section 305.2 of the family 4 court act, as amended by section 63 of part WWW of chapter 59 of the 5 laws of 2017, is amended to read as follows: 6 (b) when the officer does not reasonably believe the parent or other 7 person legally responsible for the child's care will appear for the 8 child, forthwith and with all reasonable speed take the child directly, 9 and without his or her first being taken to the police station house, to 10 the family court located in the county in which the act occasioning the 11 taking into custody allegedly was committed, or, when the family court 12 is not in session, to the most accessible magistrate, if any, designated 13 by the appellate division of the supreme court in the applicable depart- 14 ment to conduct a hearing under section 307.4 [of this part, unless the15officer determines that it is necessary to question the child, in which16case he or she may take the child to a facility designated by the chief17administrator of the courts as a suitable place for the questioning of18children or, upon the consent of a parent or other person legally19responsible for the care of the child, to the child's residence and20there question him or her for a reasonable period of time]; or 21 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family 22 court act, as amended by section 3 of part G of chapter 58 of the laws 23 of 2010, is amended to read as follows: 24 (c) when the officer does not release the child pursuant to paragraph 25 (a) of this subdivision, or take the child to family court or to a 26 magistrate pursuant to paragraph (b) of this subdivision, take the child 27 to a place certified by the office of children and family services as a 28 juvenile detention facility for the reception of children; or 29 § 5. Subdivision 5 of section 305.2 of the family court act, as 30 amended by chapter 398 of the laws of 1983, is amended to read as 31 follows: 32 5. If such child has allegedly committed a designated felony act as 33 defined in subdivision eight of section 301.2, and the family court in 34 the county is in session, the officer shall forthwith take the child 35 directly to such family court, unless the officer takes the child to a 36 facility for questioning in accordance with [paragraph (b) of subdivi-37sion four. If such child has not allegedly committed a designated felony38act and such family court is in session, the officer shall either forth-39with take the child directly to such family court, unless the officer40takes the child to a facility for questioning in accordance with para-41graph (b) of subdivision four or release the child in accordance with42paragraph (a) of subdivision four] subdivision seven. 43 § 6. Subdivision 6 of section 305.2 of the family court act, as added 44 by chapter 920 of the laws of 1982, is amended to read as follows: 45 6. [In all other cases] If such child has not allegedly committed a 46 designated felony act, and in the absence of special circumstances, the 47 officer shall release the child in accordance with paragraph (a) of 48 subdivision four. 49 § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, as 50 amended by chapter 398 of the laws of 1983, are amended and a new subdi- 51 vision 10 is added to read as follows: 52 7. If the officer determines that questioning of the child is neces- 53 sary prior to taking action authorized by subdivision four or five, the 54 officer may take the child to a facility designated by the chief admin- 55 istrator of the courts as a suitable place for the questioning of chil- 56 dren or, upon the consent of a parent or other person legally responsi-S. 4980--B 3 1 ble for the care of the child, to the child's residence and there, 2 subject to the requirements of subdivision eight, question him or her 3 for a reasonable period of time. Questioning is necessary only when the 4 officer reasonably determines that the child's life or health, or the 5 life or health of another individual, is in imminent danger and that the 6 child may have information that would assist the officer in taking 7 protective action. 8 8. A child shall not be questioned pursuant to this section unless 9 [he] or until: 10 (a) the child and a person required to be notified pursuant to subdi- 11 vision three if present, have been advised: 12 [(a)] (i) of the child's right to remain silent; 13 [(b)] (ii) that the statements made by the child may be used in a 14 court of law; 15 [(c)] (iii) of the child's right to have an attorney present at such 16 questioning; and 17 [(d)] (iv) of the child's right to have an attorney provided for him 18 or her without charge if he or she is indigent; and 19 (b) the child has consulted with legal counsel in person, by tele- 20 phone, or by video conference. This consultation may not be waived. 21 [8.] 9. In determining the suitability of questioning and determining 22 the reasonable period of time for questioning such a child, the child's 23 age, the presence or absence of his or her parents or other persons 24 legally responsible for his or her care and notification pursuant to 25 subdivision three shall be included among relevant considerations. 26 10. In addition to statements that must be suppressed as involuntarily 27 made within the definition in subdivision two of section 344.2, a state- 28 ment shall be suppressed: when the child has not consulted with legal 29 counsel as required by paragraph (b) of subdivision eight; when a person 30 notified pursuant to subdivision three, if present, has not been advised 31 of and voluntarily waived the rights delineated in paragraph (a) of 32 subdivision eight; or when the questioning of the child was not neces- 33 sary within the definition in subdivision seven. 34 § 8. Section 724 of the family court act, the section heading and 35 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980, 36 subdivision (a) as amended by chapter 920 of the laws of 1982, para- 37 graphs (i), (ii), and (iv) of subdivision (b), paragraphs (i) and (ii) 38 as amended and paragraph (iv) as added by section 4 of part E of chapter 39 57 of the laws of 2005, paragraph (iii) of subdivision (b) as amended by 40 section 7 of part M of chapter 56 of the laws of 2017, and subdivision 41 (d) as added by chapter 809 of the laws of 1963, is amended to read as 42 follows: 43 § 724. Duties of police officer or peace officer after taking into 44 custody or on delivery by private person. (a) If a peace officer or a 45 police officer takes into custody or if a person is delivered to him 46 under section seven hundred twenty-three, the officer shall immediately, 47 before transporting the child to any other location, notify the parent 48 or other person legally responsible for his care, or the person with 49 whom he is domiciled, that he has been taken into custody. 50 (b) After making every reasonable effort to give notice under [para-51graph] subdivision (a) of this section, the officer shall 52 (i) when the officer reasonably believes such parent or other person 53 legally responsible for the child's care will appear, take the child to 54 his or her home, the police station house, or another location agreed 55 upon with the parent or person legally responsible, and release the 56 youth to the custody of [his or her parent or other] such person [legal-S. 4980--B 4 1ly responsible for his or her care] upon the written promise, without 2 security, of the person to whose custody the youth is released that he 3 or she will produce the youth before the lead agency designated pursuant 4 to section seven hundred thirty-five of this article in that county at a 5 time and place specified in writing; or 6 (ii) when the officer reasonably believes such parent or other person 7 legally responsible for the child's care will appear for the child, 8 forthwith and with all reasonable speed take the youth directly, and 9 without first being taken to the police station house, to the designated 10 lead agency located in the county in which the act occasioning the 11 taking into custody allegedly was done[, unless the officer determines12that it is necessary to question the youth, in which case he or she may13take the youth to a facility designated by the chief administrator of14the courts as a suitable place for the questioning of youth or, upon the15consent of a parent or other person legally responsible for the care of16the youth, to the youth's residence and there question him or her for a17reasonable period of time]; or 18 (iii) take a youth in need of crisis intervention or respite services 19 to a runaway and homeless youth crisis services program or other 20 approved respite or crisis program; or 21 (iv) take the youth directly to the family court located in the county 22 in which the act occasioning the taking into custody was allegedly done, 23 provided that the officer affirms on the record that he or she attempted 24 to exercise the options identified in paragraphs (i), (ii) and (iii) of 25 this subdivision, was unable to exercise these options, and the reasons 26 therefor. 27 (c) In the absence of special circumstances, the officer shall release 28 the child in accord with paragraph [(b)] (i) of subdivision (b) of this 29 section. 30 (d) If the officer determines that questioning of the child is neces- 31 sary prior to taking action authorized by subdivision (b) of this 32 section, the officer may take the child to a facility designated by the 33 chief administrator of the courts as a suitable place for the question- 34 ing of children or, upon the consent of a parent or other person legally 35 responsible for the care of the child, to the child's residence and 36 there, subject to the requirements of subdivision (e) of this section, 37 question him or her for a reasonable period of time. Questioning is 38 necessary only when the officer reasonably determines that the child's 39 life or health, or the life or health of another individual, is in immi- 40 nent danger and that the child may have information that would assist 41 the officer in taking protective action. 42 (e) In determining the suitability of questioning and determining what 43 is a "reasonable period of time" for questioning a child, the child's 44 age [and], the presence or absence of his parents or other person legal- 45 ly responsible for his care and notification pursuant to subdivision (a) 46 of this section shall be included among the relevant considerations. 47 (f) No statement made to a peace officer or a police officer prior to 48 the commencement of a fact-finding hearing may be admitted into evidence 49 at a fact-finding hearing. 50 § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as 51 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 52 amended to read as follows: 53 6. (a) Upon arresting a juvenile offender or a person sixteen or 54 commencing October first, two thousand nineteen, seventeen years of age 55 without a warrant, the police officer shall immediately, before trans- 56 porting the child to the police station house, notify the parent orS. 4980--B 5 1 other person legally responsible for his or her care or the person with 2 whom he or she is domiciled, that such juvenile offender or person has 3 been arrested, and the location of the facility where he or she [is4being] will be detained. 5 (b) If the officer determines that it is necessary to question a juve- 6 nile offender or such person, the officer must take him or her to a 7 facility designated by the chief administrator of the courts as a suit- 8 able place for the questioning of children or, upon the consent of a 9 parent or other person legally responsible for the care of the juvenile 10 or such person, to his or her residence and there, subject to the 11 requirements of paragraph (c) of this subdivision, question him or her 12 for a reasonable period of time. Questioning is necessary only when the 13 officer reasonably determined that the child's life or health, or the 14 life or health of another individual, is in imminent danger and that the 15 child may have information that would assist the officer in taking 16 protective action. 17 (c) A juvenile offender or such person shall not be questioned pursu- 18 ant to this section unless or until: 19 (i) he or she and a person required to be notified pursuant to para- 20 graph (a) of this subdivision, if present, have been advised: 21 [(a)] (A) of the juvenile offender's or such person's right to remain 22 silent; 23 [(b)] (B) that the statements made by him or her may be used in a 24 court of law; 25 [(c)] (C) of his or her right to have an attorney present at such 26 questioning; and 27 [(d)] (D) of his or her right to have an attorney provided for him or 28 her without charge if he or she is unable to afford counsel[.]; and 29 (ii) the juvenile offender or such person has consulted with an attor- 30 ney in person, by telephone, or by video conference. This consultation 31 may not be waived. 32 (d) In determining the suitability of questioning and determining the 33 reasonable period of time for questioning such a juvenile offender or 34 person, his or her age, the presence or absence of his or her parents or 35 other persons legally responsible for his or her care and notification 36 pursuant to paragraph (a) of this subdivision shall be included among 37 relevant considerations. 38 (e) In addition to statements that must be suppressed as involuntarily 39 made within the definition in subdivision two of section 60.45 of this 40 chapter, a statement shall be suppressed: when the child has not 41 consulted with an attorney as required by paragraph (c) of this subdivi- 42 sion; when a person notified pursuant to paragraph (a) of this subdivi- 43 sion, if present, has not been advised of and voluntarily waived the 44 rights delineated in paragraph (c) of this subdivision; or when the 45 questioning of the child was not necessary within the definition in 46 paragraph (b) of this subdivision. 47 § 10. Subdivision 5 of section 140.27 of the criminal procedure law, 48 as amended by section 23 of part WWW of chapter 59 of the laws of 2017, 49 is amended to read as follows: 50 5. (a) Upon arresting a juvenile offender or a person sixteen or 51 commencing October first, two thousand nineteen, seventeen years of age 52 without a warrant, the peace officer shall immediately, before trans- 53 porting the child to the police station house, notify the parent or 54 other person legally responsible for his or her care or the person with 55 whom he or she is domiciled, that such juvenile offender or person hasS. 4980--B 6 1 been arrested, and the location of the facility where he or she [is2being] will be detained. 3 (b) If the officer determines that it is necessary to question a juve- 4 nile offender or such person, the officer must take him or her to a 5 facility designated by the chief administrator of the courts as a suit- 6 able place for the questioning of children or, upon the consent of a 7 parent or other person legally responsible for the care of a juvenile 8 offender or such person, to his or her residence and there, subject to 9 the requirements of paragraph (c) of this subdivision, question him or 10 her for a reasonable period of time. Questioning is necessary only when 11 the officer reasonably determines that the child's life or health, or 12 the life or health of another individual, is in imminent danger and that 13 the child may have information that would assist the officer in taking 14 protective action. 15 (c) A juvenile offender or such person shall not be questioned pursu- 16 ant to this section unless or until: 17 (i) the juvenile offender or such person and a person required to be 18 notified pursuant to paragraph (a) of this subdivision, if present, have 19 been advised: 20 [(a)] (A) of his or her right to remain silent; 21 [(b)] (B) that the statements made by the juvenile offender or such 22 person may be used in a court of law; 23 [(c)] (C) of his or her right to have an attorney present at such 24 questioning; and 25 [(d)] (D) of his or her right to have an attorney provided for him or 26 her without charge if he or she is unable to afford counsel[.]; and 27 (ii) the juvenile offender or such person has consulted with an attor- 28 ney in person, by telephone or by video conference. This consultation 29 may not be waived. 30 (d) In determining the suitability of questioning and determining the 31 reasonable period of time for questioning such a juvenile offender or 32 such person, his or her age, the presence or absence of his or her 33 parents or other persons legally responsible for his or her care and 34 notification pursuant to paragraph (a) of this subdivision shall be 35 included among relevant considerations. 36 (e) In addition to statements that must be suppressed as involuntarily 37 made within the definition in subdivision two of section 60.45 of this 38 chapter, a statement shall be suppressed: when the child has not 39 consulted with an attorney as required by paragraph (c) of this subdivi- 40 sion; when a person notified pursuant to paragraph (a) of this subdivi- 41 sion, if present, has not been advised of and voluntarily waived the 42 rights delineated in paragraph (c) of this subdivision; or when the 43 questioning of the child was not necessary within the definition in 44 paragraph (b) of this subdivision. 45 § 11. Subdivision 5 of section 140.40 of the criminal procedure law, 46 as amended by section 24 of part WWW of chapter 59 of the laws of 2017, 47 is amended to read as follows: 48 5. (a) If a police officer takes an arrested juvenile offender or a 49 person sixteen or commencing October first, two [thosuand] thousand 50 nineteen, seventeen years of age into custody, the police officer shall 51 immediately, before transporting the child to the police station house 52 notify the parent or other person legally responsible for his or her 53 care or the person with whom he or she is domiciled, that such juvenile 54 offender or person has been arrested, and the location of the facility 55 where he or she [is being] will be detained.S. 4980--B 7 1 (b) If the officer determines that it is necessary to question a juve- 2 nile offender or such person the officer must take him or her to a 3 facility designated by the chief administrator of the courts as a suit- 4 able place for the questioning of children or, upon the consent of a 5 parent or other person legally responsible for the care of the juvenile 6 offender or such person, to his or her residence and there, subject to 7 the requirements of paragraph (c) of this subdivision, question him or 8 her for a reasonable period of time. Questioning is necessary only when 9 the officer reasonably determines that the child's life or health, or 10 the life or the health of another individual, is in imminent danger and 11 that the child may have information that would assist the officer in 12 taking protective action. 13 (c) A juvenile offender or such person shall not be questioned pursu- 14 ant 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 his or her right to remain silent; 18 [(b)] (B) that the statements made by the juvenile offender or such 19 person may be used in a court of law; 20 [(c)] (C) of his or her right to have an attorney present at such 21 questioning; and 22 [(d)] (D) of his or her right to have an attorney provided for him or 23 her without charge if he or she is unable to afford counsel. 24 (d) In determining the suitability of questioning and determining the 25 reasonable period of time for questioning such a juvenile offender or 26 such person, his or her age, the presence or absence of his or her 27 parents or other persons legally responsible for his or her care and 28 notification pursuant to paragraph (a) of this subdivision shall be 29 included among relevant considerations. 30 (e) In addition to statements that must be suppressed as involuntarily 31 made within the definition in subdivision two of section 60.45 of this 32 chapter, a statement shall be suppressed: when the child has not 33 consulted with an attorney as required by paragraph (c) of this subdivi- 34 sion; when a person notified pursuant to paragraph (a) of this subdivi- 35 sion, if present, has not been advised of and voluntarily waived the 36 rights delineated in paragraph (c) of this subdivision; or when the 37 questioning of the child was not necessary within the definition in 38 paragraph (b) of this subdivision. 39 § 12. This act shall take effect April 1, 2021.