Bill Text: NY S04980 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 4980 A. 6982 2019-2020 Regular Sessions SENATE - ASSEMBLY April 3, 2019 ___________ IN SENATE -- Introduced by Sen. BAILEY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Children and Families IN ASSEMBLY -- 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, in relation to the custodial interrogation of juveniles by law enforcement 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. LBD10989-01-9S. 4980 2 A. 6982 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 a 34 facility for questioning in accordance with [paragraph (b) of subdivi-35sion four. If such child has not allegedly committed a designated felony36act and such family court is in session, the officer shall either forth-37with take the child directly to such family court, unless the officer38takes the child to a facility for questioning in accordance with para-39graph (b) of subdivision four or release the child in accordance with40paragraph (a) of subdivision four] subdivision seven. 41 § 6. Subdivision 6 of section 305.2 of the family court act, as added 42 by chapter 920 of the laws of 1982, is amended to read as follows: 43 6. [In all other cases] If such child has not allegedly committed a 44 designated felony act, and in the absence of special circumstances, the 45 officer shall release the child in accordance with paragraph (a) of 46 subdivision four. 47 § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, as 48 amended by chapter 398 of the laws of 1983, are amended and a new subdi- 49 vision 10 is added to read as follows: 50 7. If the officer determines that questioning of the child is neces- 51 sary prior to taking action authorized by subdivision four or five, the 52 officer may take the child to a facility designated by the chief admin- 53 istrator of the courts as a suitable place for the questioning of chil- 54 dren or, upon the consent of a parent or other person legally responsi- 55 ble for the care of the child, to the child's residence and there, 56 subject to the requirements of subdivision eight, question him or herS. 4980 3 A. 6982 1 for a reasonable period of time. Questioning is necessary only when the 2 officer reasonably determines that the child's life or health, or the 3 life or health of another individual, is in imminent danger and that the 4 child may have information that would assist the officer in taking 5 protective action. 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 and notification pursuant to 23 subdivision three shall be included among relevant 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; when a person 28 notified pursuant to subdivision three, if present, has not been advised 29 of and voluntarily waived the rights delineated in paragraph (a) of 30 subdivision eight; or when the questioning of the child was not neces- 31 sary within the definition in subdivision seven. 32 § 8. This act shall take effect immediately.