Bill Text: NY A01963 | 2023-2024 | General Assembly | Introduced
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 48-0)
Status: (Introduced) 2024-01-16 - enacting clause stricken [A01963 Detail]
Download: New_York-2023-A01963-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1963 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ 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 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 20 § 3. Paragraph (b) of subdivision 4 of section 305.2 of the family 21 court act, as amended by section 63 of part WWW of chapter 59 of the 22 laws of 2017, is amended to read as follows: 23 (b) when the officer does not reasonably believe the parent or other 24 person legally responsible for the child's care will appear for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03283-01-3A. 1963 2 1 child, forthwith and with all reasonable speed take the child directly, 2 and without his or her first being taken to the police station house, to 3 the family court located in the county in which the act occasioning the 4 taking into custody allegedly was committed, or, when the family court 5 is not in session, to the most accessible magistrate, if any, designated 6 by the appellate division of the supreme court in the applicable depart- 7 ment to conduct a hearing under section 307.4 [of this part, unless the8officer determines that it is necessary to question the child, in which9case he or she may take the child to a facility designated by the chief10administrator of the courts as a suitable place for the questioning of11children or, upon the consent of a parent or other person legally12responsible for the care of the child, to the child's residence and13there question him or her for a reasonable period of time]; or 14 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family 15 court act, as amended by section 3 of part G of chapter 58 of the laws 16 of 2010, is amended to read as follows: 17 (c) when the officer does not release the child pursuant to paragraph 18 (a) of this subdivision, or take the child to family court or to a 19 magistrate pursuant to paragraph (b) of this subdivision, take the child 20 to a place certified by the office of children and family services as a 21 juvenile detention facility for the reception of children; or 22 § 5. Subdivision 5 of section 305.2 of the family court act, as 23 amended by chapter 398 of the laws of 1983, is amended to read as 24 follows: 25 5. If such child has allegedly committed a designated felony act as 26 defined in subdivision eight of section 301.2, and the family court in 27 the county is in session, the officer shall forthwith take the child 28 directly to such family court[, unless the officer takes the child to a29facility for questioning in accordance with paragraph (b) of subdivision30four. If such child has not allegedly committed a designated felony act31and such family court is in session, the officer shall either forthwith32take the child directly to such family court, unless the officer takes33the child to a facility for questioning in accordance with paragraph (b)34of subdivision four or release the child in accordance with paragraph35(a) of subdivision four] or, when the family court is not in session, to 36 the most accessible magistrate, if any, designated by the appellate 37 division of the supreme court in the applicable department to conduct a 38 hearing under section 307.4. 39 § 6. Subdivision 6 of section 305.2 of the family court act, as added 40 by chapter 920 of the laws of 1982, is amended to read as follows: 41 6. [In all other cases] If such child has not allegedly committed a 42 designated felony act, and in the absence of special circumstances, the 43 officer shall release the child in accordance with paragraph (a) of 44 subdivision four. 45 § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, 46 subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi- 47 sion 8 as amended by chapter 299 of the laws of 2020, are amended and a 48 new subdivision 10 is added to read as follows: 49 7. If the officer determines that questioning of the child is neces- 50 sary prior to taking action authorized by subdivision four or five, the 51 officer may take the child to a facility designated by the chief admin- 52 istrator of the courts as a suitable place for the questioning of chil- 53 dren or, upon the consent of a parent or other person legally responsi- 54 ble for the care of the child, to the child's residence and there, 55 subject to the requirements of subdivision eight, question him or her 56 for a reasonable period of time.A. 1963 3 1 8. A child shall not be questioned pursuant to this section unless 2 [he] or until: 3 (a) the child and a person required to be notified pursuant to subdi- 4 vision three if present, have been advised: 5 [(a)] (i) of the child's right to remain silent; 6 [(b)] (ii) that the statements made by the child may be used in a 7 court of law; 8 [(c)] (iii) of the child's right to have an attorney present at such 9 questioning; and 10 [(d)] (iv) of the child's right to have an attorney provided for him 11 or her without charge if he or she is indigent; and 12 (b) the child has consulted with legal counsel in person, by tele- 13 phone, or by video conference. This consultation may not be waived. 14 [8.] 9. In determining the suitability of questioning and determining 15 the reasonable period of time for questioning such a child, the child's 16 age, the presence or absence of his or her parents or other persons 17 legally responsible for his or her care, notification pursuant to subdi- 18 vision three and, where the child has been interrogated at a facility 19 designated by the chief administrator of the courts as a suitable place 20 for the questioning of juveniles, whether the interrogation was in 21 compliance with the video-recording and disclosure requirements of 22 subdivision five-a of this section shall be included among relevant 23 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; or when a 28 person notified pursuant to subdivision three, if present, has not been 29 advised of and voluntarily waived the rights delineated in paragraph (a) 30 of subdivision eight. 31 § 8. Section 724 of the family court act, the section heading and 32 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980, 33 subdivision (a) as amended by chapter 920 of the laws of 1982, para- 34 graphs (i) and (ii) as amended and paragraph (iv) of subdivision (b) as 35 added by section 4 of part E of chapter 57 of the laws of 2005, para- 36 graph (iii) of subdivision (b) as amended by section 7 of part M of 37 chapter 56 of the laws of 2017, and subdivision (d) as added by chapter 38 809 of the laws of 1963, is amended to read as follows: 39 § 724. Duties of police officer or peace officer after taking into 40 custody or on delivery by private person. (a) If a peace officer or a 41 police officer takes into custody or if a person is delivered to him or 42 her under section seven hundred twenty-three, the officer shall imme- 43 diately, before transporting the child to any other location, notify the 44 parent or other person legally responsible for his or her care, or the 45 person with whom he or she is domiciled, that he or she has been taken 46 into custody. 47 (b) After making every reasonable effort to give notice under [para-48graph] subdivision (a) of this section, the officer shall 49 (i) when the officer reasonably believes such parent or other person 50 legally responsible for the child's care will appear, take the child to 51 his or her home, the police station house, or another location agreed 52 upon with the parent or person legally responsible, and release the 53 youth to the custody of [his or her parent or other] such person [legal-54ly responsible for his or her care] upon the written promise, without 55 security, of the person to whose custody the youth is released that he 56 or she will produce the youth before the lead agency designated pursuantA. 1963 4 1 to section seven hundred thirty-five of this article in that county at a 2 time and place specified in writing; or 3 (ii) when the officer does not reasonably believe such parent or other 4 person legally responsible for the child's care will appear for the 5 child, forthwith and with all reasonable speed take the youth directly, 6 and without first being taken to the police station house, to the desig- 7 nated lead agency located in the county in which the act occasioning the 8 taking into custody allegedly was done[, unless the officer determines9that it is necessary to question the youth, in which case he or she may10take the youth to a facility designated by the chief administrator of11the courts as a suitable place for the questioning of youth or, upon the12consent of a parent or other person legally responsible for the care of13the youth, to the youth's residence and there question him or her for a14reasonable period of time]; or 15 (iii) take a youth in need of crisis intervention or respite services 16 to a runaway and homeless youth crisis services program or other 17 approved respite or crisis program; or 18 (iv) take the youth directly to the family court located in the county 19 in which the act occasioning the taking into custody was allegedly done, 20 provided that the officer affirms on the record that he or she attempted 21 to exercise the options identified in paragraphs (i), (ii) and (iii) of 22 this subdivision, was unable to exercise these options, and the reasons 23 therefor. 24 (c) In the absence of special circumstances, the officer shall release 25 the child in accord with paragraph [(b)] (i) of subdivision (b) of this 26 section. 27 (d) If the officer determines that questioning of the child is neces- 28 sary prior to taking action authorized by subdivision (b) of this 29 section, the officer may take the child to a facility designated by the 30 chief administrator of the courts as a suitable place for the question- 31 ing of children or, upon the consent of a parent or other person legally 32 responsible for the care of the child, to the child's residence and 33 there, subject to the requirements of subdivision (e) of this section, 34 question him or her for a reasonable period of time. 35 (e) In determining the suitability of questioning and determining what 36 is a "reasonable period of time" for questioning a child, the child's 37 age [and], the presence or absence of his or her parents or other person 38 legally responsible for his or her care and notification pursuant to 39 subdivision (a) of this section shall be included among the relevant 40 considerations. 41 (f) No statement made to a peace officer or a police officer prior to 42 the commencement of a fact-finding hearing may be admitted into evidence 43 at a fact-finding hearing. 44 § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as 45 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 46 amended to read as follows: 47 6. (a) Upon arresting a juvenile offender or a person sixteen or 48 [commencing October first, two thousand nineteen,] seventeen years of 49 age without a warrant, the police officer shall immediately, before 50 transporting the child to the police station house, notify the parent or 51 other person legally responsible for his or her care or the person with 52 whom he or she is domiciled, that such juvenile offender or [person] 53 sixteen or seventeen year old has been arrested, and the location of the 54 facility where he or she [is being] will be detained. 55 (b) If the officer determines that it is necessary to question a juve- 56 nile offender or [such person] sixteen or seventeen year old, the offi-A. 1963 5 1 cer must take him or her to a facility designated by the chief adminis- 2 trator of the courts as a suitable place for the questioning of children 3 or, upon the consent of a parent or other person legally responsible for 4 the care of the juvenile or [such person] sixteen or seventeen year old, 5 to his or her residence and there, subject to the requirements of para- 6 graph (c) of this subdivision, question him or her for a reasonable 7 period of time. 8 (c) A juvenile offender or [such person] sixteen or seventeen year old 9 shall not be questioned pursuant to this section unless or until: 10 (i) he or she and a person required to be notified pursuant to para- 11 graph (a) of this subdivision, if present, have been advised: 12 [(a)] (A) of the juvenile offender's or [such person's] sixteen or 13 seventeen year old's right to remain silent; 14 [(b)] (B) that the statements made by him or her may be used in a 15 court of law; 16 [(c)] (C) of his or her right to have an attorney present at such 17 questioning; and 18 [(d)] (D) of his or her right to have an attorney provided for him or 19 her without charge if he or she is unable to afford counsel[.]; 20 (ii) the juvenile offender or sixteen or seventeen year old has 21 consulted with an attorney in person, by telephone, or by video confer- 22 ence. This consultation may not be waived. 23 (d) In determining the suitability of questioning and determining the 24 reasonable period of time for questioning such a juvenile offender or 25 [person] sixteen or seventeen year old, his or her age, the presence or 26 absence of his or her parents or other persons legally responsible for 27 his or her care and notification pursuant to paragraph (a) of this 28 subdivision shall be included among relevant considerations. 29 (e) In addition to statements that must be suppressed as involuntarily 30 made within the definition in subdivision two of section 60.45 of this 31 chapter, a statement shall be suppressed: when the child has not 32 consulted with an attorney as required by paragraph (c) of this subdivi- 33 sion; or when a person notified pursuant to paragraph (a) of this subdi- 34 vision, if present, has not been advised of and voluntarily waived the 35 rights delineated in paragraph (c) of this subdivision. 36 § 10. Subdivision 5 of section 140.27 of the criminal procedure law, 37 as amended by section 23 of part WWW of chapter 59 of the laws of 2017, 38 is amended to read as follows: 39 5. (a) Upon arresting a juvenile offender or a person sixteen or 40 [commencing October first, two thousand nineteen,] seventeen years of 41 age without a warrant, the peace officer shall immediately, before 42 transporting the child to the police station house, notify the parent or 43 other person legally responsible for his or her care or the person with 44 whom he or she is domiciled, that such juvenile offender or [person] 45 sixteen or seventeen year old has been arrested, and the location of the 46 facility where he or she [is being] will be detained. 47 (b) If the officer determines that it is necessary to question a juve- 48 nile offender or [such person] sixteen or seventeen year old, the offi- 49 cer must take him or her to a facility designated by the chief adminis- 50 trator of the courts as a suitable place for the questioning of children 51 or, upon the consent of a parent or other person legally responsible for 52 the care of a juvenile offender or [such person] sixteen or seventeen 53 year old, to his or her residence and there, subject to the requirements 54 of paragraph (c) of this subdivision, question him or her for a reason- 55 able period of time.A. 1963 6 1 (c) A juvenile offender or [such person] sixteen or seventeen year old 2 shall not be questioned pursuant to this section unless or until: 3 (i) the juvenile offender or [such person] sixteen or seventeen year 4 old and a person required to be notified pursuant to paragraph (a) of 5 this subdivision, if present, have been advised: 6 [(a)] (A) of his or her right to remain silent; 7 [(b)] (B) that the statements made by the juvenile offender or [such8person] sixteen or seventeen year old may be used in a court of law; 9 [(c)] (C) of his or her right to have an attorney present at such 10 questioning; and 11 [(d)] (D) of his or her right to have an attorney provided for him or 12 her without charge if he or she is unable to afford counsel[.]; and 13 (ii) the juvenile offender or sixteen or seventeen year old has 14 consulted with an attorney in person, by telephone or by video confer- 15 ence. This consultation may not be waived. 16 (d) In determining the suitability of questioning and determining the 17 reasonable period of time for questioning such a juvenile offender or 18 [such person] sixteen or seventeen year old his or her age, the presence 19 or absence of his or her parents or other persons legally responsible 20 for his or her care and notification pursuant to paragraph (a) of this 21 subdivision shall be included among relevant considerations. 22 (e) In addition to statements that must be suppressed as involuntarily 23 made within the definition in subdivision two of section 60.45 of this 24 chapter, a statement shall be suppressed: when the child has not 25 consulted with an attorney as required by paragraph (c) of this subdivi- 26 sion; or when a person notified pursuant to paragraph (a) of this subdi- 27 vision, if present, has not been advised of and voluntarily waived the 28 rights delineated in paragraph (c) of this subdivision. 29 § 11. Subdivision 5 of section 140.40 of the criminal procedure law, 30 as amended by section 24 of part WWW of chapter 59 of the laws of 2017, 31 is amended to read as follows: 32 5. (a) If a police officer takes an arrested juvenile offender or a 33 person sixteen or [commencing October first, two thousand nineteen,] 34 seventeen years of age into custody, the police officer shall immediate- 35 ly, before transporting the child to the police station house notify the 36 parent or other person legally responsible for his or her care or the 37 person with whom he or she is domiciled, that such juvenile offender or 38 [person] sixteen or seventeen year old has been arrested, and the 39 location of the facility where he or she [is being] will be detained. 40 (b) If the officer determines that it is necessary to question a juve- 41 nile offender or [such person] sixteen or seventeen year old the officer 42 must take him or her to a facility designated by the chief administrator 43 of the courts as a suitable place for the questioning of children or, 44 upon the consent of a parent or other person legally responsible for the 45 care of the juvenile offender or [such person] sixteen or seventeen year 46 old, to his or her residence and there, subject to the requirements of 47 paragraph (c) of this subdivision, question him or her for a reasonable 48 period of time. 49 (c) A juvenile offender or [such person] sixteen or seventeen year old 50 shall not be questioned pursuant to this section unless or until: 51 (i) he or she and a person required to be notified pursuant to para- 52 graph (a) of this subdivision, if present, have been advised: 53 [(a)] (A) of his or her right to remain silent; 54 [(b)] (B) that the statements made by the juvenile offender or [such55person] sixteen or seventeen year old may be used in a court of law;A. 1963 7 1 [(c)] (C) of his or her right to have an attorney present at such 2 questioning; and 3 [(d)] (D) of his or her right to have an attorney provided for him or 4 her without charge if he or she is unable to afford counsel[.]; and 5 (ii) the juvenile offender or sixteen or seventeen year old has 6 consulted with an attorney in person, by telephone, or by video confer- 7 ence. This consultation may not be waived. 8 (d) In determining the suitability of questioning and determining the 9 reasonable period of time for questioning such a juvenile offender or 10 [such person] sixteen or seventeen year old, his or her age, the pres- 11 ence or absence of his or her parents or other persons legally responsi- 12 ble for his or her care and notification pursuant to paragraph (a) of 13 this subdivision shall be included among relevant considerations. 14 (e) In addition to statements that must be suppressed as involuntarily 15 made within the definition in subdivision two of section 60.45 of this 16 chapter, a statement shall be suppressed: when the child has not 17 consulted with an attorney as required by paragraph (c) of this subdivi- 18 sion; or when a person notified pursuant to paragraph (a) of this subdi- 19 vision, if present, has not been advised of and voluntarily waived the 20 rights delineated in paragraph (c) of this subdivision. 21 § 12. This act shall take effect April 1, 2024.
