Bill Text: NY S00878 | 2025-2026 | 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 29-0)
Status: (Introduced) 2025-01-08 - REFERRED TO CHILDREN AND FAMILIES [S00878 Detail]
Download: New_York-2025-S00878-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 878 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN- SIGAL, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, WEBB -- read twice and ordered printed, and when printed to be committed 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] an officer under section 305.1, [he] the officer shall 5 immediately, before transporting the child to the police station house, 6 notify the parent or other person legally responsible for the child's 7 care, or if such legally responsible person is unavailable the person 8 with whom the 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 the child's home, the station house, or another location agreed upon 15 with the parent or person legally responsible, and release the child to 16 the 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. LBD02102-01-5S. 878 2 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] the child first being taken to the police station 8 house, to the family court located in the county in which the act occa- 9 sioning the taking into custody allegedly was committed, or, when the 10 family court is not in session, to the most accessible magistrate, if 11 any, designated by the appellate division of the supreme court in the 12 applicable department to conduct a hearing under section 307.4 [of this13part, unless the officer determines that it is necessary to question the14child, in which case he or she may take the child to a facility desig-15nated by the chief administrator of the courts as a suitable place for16the questioning of children or, upon the consent of a parent or other17person legally responsible for the care of the child, to the child's18residence and there question him or her for a reasonable period of19time]; or 20 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family 21 court act, as amended by section 3 of part G of chapter 58 of the laws 22 of 2010, is amended to read as follows: 23 (c) when the officer does not release the child pursuant to paragraph 24 (a) of this subdivision, or take the child to family court or to a 25 magistrate pursuant to paragraph (b) of this subdivision, take the child 26 to a place certified by the office of children and family services as a 27 juvenile detention facility for the reception of children; or 28 § 5. Subdivision 5 of section 305.2 of the family court act, as 29 amended by chapter 398 of the laws of 1983, is amended to read as 30 follows: 31 5. If such child has allegedly committed a designated felony act as 32 defined in subdivision eight of section 301.2, and the family court in 33 the county is in session, the officer shall forthwith take the child 34 directly to such family court[, unless the officer takes the child to a35facility for questioning in accordance with paragraph (b) of subdivision36four. If such child has not allegedly committed a designated felony act37and such family court is in session, the officer shall either forthwith38take the child directly to such family court, unless the officer takes39the child to a facility for questioning in accordance with paragraph (b)40of subdivision four or release the child in accordance with paragraph41(a) of subdivision four] or, when the family court is not in session, to 42 the most accessible magistrate, if any, designated by the appellate 43 division of the supreme court in the applicable department to conduct a 44 hearing under section 307.4. 45 § 6. Subdivision 6 of section 305.2 of the family court act, as added 46 by chapter 920 of the laws of 1982, is amended to read as follows: 47 6. [In all other cases] If such child has not allegedly committed a 48 designated felony act, and in the absence of special circumstances, the 49 officer shall release the child in accordance with paragraph (a) of 50 subdivision four. 51 § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, 52 subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi- 53 sion 8 as amended by chapter 299 of the laws of 2020, are amended and a 54 new subdivision 10 is added to read as follows: 55 7. If the officer determines that questioning of the child is neces- 56 sary prior to taking action authorized by subdivision four or five, theS. 878 3 1 officer may take the child to a facility designated by the chief admin- 2 istrator of the courts as a suitable place for the questioning of chil- 3 dren or, upon the consent of a parent or other person legally responsi- 4 ble for the care of the child, to the child's residence and there, 5 subject to the requirements of subdivision eight, question the child for 6 a reasonable period of time. 7 8. A child shall not be questioned pursuant to this section unless 8 [he] or until: 9 (a) the child and a person required to be notified pursuant to subdi- 10 vision three if present, have been advised: 11 [(a)] (i) of the child's right to remain silent; 12 [(b)] (ii) that the statements made by the child may be used in a 13 court of law; 14 [(c)] (iii) of the child's right to have an attorney present at such 15 questioning; and 16 [(d)] (iv) of the child's right to have an attorney provided for [him] 17 them without charge if [he is] they are indigent; and 18 (b) the child has consulted with legal counsel in person, by tele- 19 phone, or by video conference. This consultation may not be waived. 20 [8.] 9. In determining the suitability of questioning and determining 21 the reasonable period of time for questioning such a child, the child's 22 age, the presence or absence of [his or her] the child's parents or 23 other persons legally responsible for [his or her] the child's care, 24 notification pursuant to subdivision three and, where the child has been 25 interrogated at a facility designated by the chief administrator of the 26 courts as a suitable place for the questioning of juveniles, whether the 27 interrogation was in compliance with the video-recording and disclosure 28 requirements of subdivision five-a of this section shall be included 29 among relevant considerations. 30 10. In addition to statements that must be suppressed as involuntarily 31 made within the definition in subdivision two of section 344.2, a state- 32 ment shall be suppressed: when the child has not consulted with legal 33 counsel as required by paragraph (b) of subdivision eight; or when a 34 person notified pursuant to subdivision three, if present, has not been 35 advised of and voluntarily waived the rights delineated in paragraph (a) 36 of subdivision eight. 37 § 8. Section 724 of the family court act, the section heading and 38 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980, 39 subdivision (a) as amended by chapter 920 of the laws of 1982, para- 40 graphs (i) and (ii) as amended and paragraph (iv) of subdivision (b) as 41 added by section 4 of part E of chapter 57 of the laws of 2005, para- 42 graph (iii) of subdivision (b) as amended by section 7 of part M of 43 chapter 56 of the laws of 2017, and subdivision (d) as added by chapter 44 809 of the laws of 1963, is amended to read as follows: 45 § 724. Duties of police officer or peace officer after taking into 46 custody or on delivery by private person. (a) If a peace officer or a 47 police officer takes into custody or if a person is delivered to [him] 48 the officer under section seven hundred twenty-three, the officer shall 49 immediately, before transporting the child to any other location, notify 50 the parent or other person legally responsible for [his] the person's 51 care, or the person with whom [he] the person is domiciled, that [he] 52 the person has been taken into custody. 53 (b) After making every reasonable effort to give notice under [para-54graph] subdivision (a) of this section, the officer shall 55 (i) when the officer reasonably believes such parent or other person 56 legally responsible for the child's care will appear, take the child toS. 878 4 1 the child's home, the police station house, or another location agreed 2 upon with the parent or person legally responsible, and release the 3 youth to the custody of [his or her parent or other] such person [legal-4ly responsible for his or her care] upon the written promise, without 5 security, of the person to whose custody the youth is released that [he6or she] such person will produce the youth before the lead agency desig- 7 nated pursuant to section seven hundred thirty-five of this article in 8 that county at a time and place specified in writing; or 9 (ii) when the officer does not reasonably believe such parent or other 10 person legally responsible for the child's care will appear for the 11 child, forthwith and with all reasonable speed take the youth directly, 12 and without first being taken to the police station house, to the desig- 13 nated lead agency located in the county in which the act occasioning the 14 taking into custody allegedly was done[, unless the officer determines15that it is necessary to question the youth, in which case he or she may16take the youth to a facility designated by the chief administrator of17the courts as a suitable place for the questioning of youth or, upon the18consent of a parent or other person legally responsible for the care of19the youth, to the youth's residence and there question him or her for a20reasonable period of time]; or 21 (iii) take a youth in need of crisis intervention or respite services 22 to a runaway and homeless youth crisis services program or other 23 approved respite or crisis program; or 24 (iv) take the youth directly to the family court located in the county 25 in which the act occasioning the taking into custody was allegedly done, 26 provided that the officer affirms on the record that [he or she] the 27 officer attempted to exercise the options identified in paragraphs (i), 28 (ii) and (iii) of this subdivision, was unable to exercise these 29 options, and the reasons therefor. 30 (c) In the absence of special circumstances, the officer shall release 31 the child in accord with paragraph [(b)] (i) of subdivision (b) of this 32 section. 33 (d) If the officer determines that questioning of the child is neces- 34 sary prior to taking action authorized by subdivision (b) of this 35 section, the officer may take the child to a facility designated by the 36 chief administrator of the courts as a suitable place for the question- 37 ing of children or, upon the consent of a parent or other person legally 38 responsible for the care of the child, to the child's residence and 39 there, subject to the requirements of subdivision (e) of this section, 40 question the child for a reasonable period of time. 41 (e) In determining the suitability of questioning and determining what 42 is a "reasonable period of time" for questioning a child, the child's 43 age [and], the presence or absence of [his] the child's parents or other 44 person legally responsible for [his] the child's care and notification 45 pursuant to subdivision (a) of this section shall be included among the 46 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 55 age without a warrant, the police officer shall immediately, before 56 transporting the child to the police station house, notify the parent orS. 878 5 1 other person legally responsible for [his or her] the child's care or 2 the person with whom [he or she] the child is domiciled, that such juve- 3 nile offender or [person] sixteen or seventeen year old has been 4 arrested, and the location of the facility where [he or she is being] 5 the child will be detained. 6 (b) If the officer determines that it is necessary to question a juve- 7 nile offender or [such person] sixteen or seventeen year old, the offi- 8 cer must take [him or her] the juvenile offender or sixteen or seventeen 9 year old to a facility designated by the chief administrator of the 10 courts as a suitable place for the questioning of children or, upon the 11 consent of a parent or other person legally responsible for the care of 12 the juvenile or [such person] sixteen or seventeen year old, to [his or13her] the juvenile offender or sixteen or seventeen year old's residence 14 and there, subject to the requirements of paragraph (c) of this subdivi- 15 sion, question [him or her] the juvenile offender or sixteen or seven- 16 teen year old for a reasonable period of time. 17 (c) A juvenile offender or [such person] sixteen or seventeen year old 18 shall not be questioned pursuant to this section unless or until: 19 (i) [he or she] the juvenile offender or sixteen or seventeen year old 20 and a person required to be notified pursuant to paragraph (a) of this 21 subdivision, if present, have been advised: 22 [(a)] (A) of the juvenile offender's or [such person's] sixteen or 23 seventeen year old's right to remain silent; 24 [(b)] (B) that the statements made by [him or her] the juvenile offen- 25 der or sixteen or seventeen year old may be used in a court of law; 26 [(c)] (C) of [his or her] the juvenile offender or sixteen or seven- 27 teen year old's right to have an attorney present at such questioning; 28 and 29 [(d)] (D) of [his or her] the juvenile offender or sixteen or seven- 30 teen year old's right to have an attorney provided for [him or her] them 31 without charge if [he or she is] they are unable to afford counsel[.]; 32 (ii) the juvenile offender or sixteen or seventeen year old has 33 consulted with an attorney in person, by telephone, or by video confer- 34 ence. This consultation may not be waived. 35 (d) In determining the suitability of questioning and determining the 36 reasonable period of time for questioning such a juvenile offender or 37 [person] sixteen or seventeen year old, [his or her] the juvenile offen- 38 der or sixteen or seventeen year old's age, the presence or absence of 39 [his or her] the juvenile offender or sixteen or seventeen year old's 40 parents or other persons legally responsible for [his or her] the juve- 41 nile offender or sixteen or seventeen year old's care and notification 42 pursuant to paragraph (a) of this subdivision shall be included among 43 relevant considerations. 44 (e) In addition to statements that must be suppressed as involuntarily 45 made within the definition in subdivision two of section 60.45 of this 46 chapter, a statement shall be suppressed: when the child has not 47 consulted with an attorney as required by paragraph (c) of this subdivi- 48 sion; or when a person notified pursuant to paragraph (a) of this subdi- 49 vision, if present, has not been advised of and voluntarily waived the 50 rights delineated in paragraph (c) of this subdivision. 51 § 10. Subdivision 5 of section 140.27 of the criminal procedure law, 52 as amended by section 23 of part WWW of chapter 59 of the laws of 2017, 53 is amended to read as follows: 54 5. (a) Upon arresting a juvenile offender or a person sixteen or 55 [commencing October first, two thousand nineteen,] seventeen years of 56 age without a warrant, the peace officer shall immediately, beforeS. 878 6 1 transporting the child to the police station house, notify the parent or 2 other person legally responsible for [his or her] the juvenile offender 3 or sixteen or seventeen year old's care or the person with whom [he or4she] the juvenile offender or sixteen or seventeen year old is domi- 5 ciled, that such juvenile offender or [person] sixteen or seventeen year 6 old has been arrested, and the location of the facility where [he or she7is being] the juvenile offender or sixteen or seventeen year old will be 8 detained. 9 (b) If the officer determines that it is necessary to question a juve- 10 nile offender or [such person] sixteen or seventeen year old, the offi- 11 cer must take [him or her] the juvenile offender or sixteen or seventeen 12 year old to a facility designated by the chief administrator of the 13 courts as a suitable place for the questioning of children or, upon the 14 consent of a parent or other person legally responsible for the care of 15 a juvenile offender or [such person] sixteen or seventeen year old, to 16 [his or her] the juvenile offender or sixteen or seventeen year old's 17 residence and there, subject to the requirements of paragraph (c) of 18 this subdivision, question [him or her] the juvenile offender or sixteen 19 or seventeen year old for a reasonable period of time. 20 (c) A juvenile offender or [such person] sixteen or seventeen year old 21 shall not be questioned pursuant to this section unless or until: 22 (i) the juvenile offender or [such person] sixteen or seventeen year 23 old and a person required to be notified pursuant to paragraph (a) of 24 this subdivision, if present, have been advised: 25 [(a)] (A) of [his or her] the juvenile offender or sixteen or seven- 26 teen year old's right to remain silent; 27 [(b)] (B) that the statements made by the juvenile offender or [such28person] sixteen or seventeen year old may be used in a court of law; 29 [(c)] (C) of [his or her] the juvenile offender or sixteen or seven- 30 teen year old's right to have an attorney present at such questioning; 31 and 32 [(d)] (D) of [his or her] the juvenile offender or sixteen or seven- 33 teen year old's right to have an attorney provided for [him or her] the 34 juvenile offender or sixteen or seventeen year old without charge if [he35or she] the juvenile offender or sixteen or seventeen year old is 36 unable to afford counsel[.]; and 37 (ii) the juvenile offender or sixteen or seventeen year old has 38 consulted with an attorney in person, by telephone or by video confer- 39 ence. This consultation may not be waived. 40 (d) In determining the suitability of questioning and determining the 41 reasonable period of time for questioning such a juvenile offender or 42 [such person his or her] sixteen or seventeen year old, the juvenile 43 offender or sixteen or seventeen year old's age, the presence or absence 44 of [his or her] the juvenile offender or sixteen or seventeen year old's 45 parents or other persons legally responsible for [his or her] the juve- 46 nile offender or sixteen or seventeen year old's care and notification 47 pursuant to paragraph (a) of this subdivision shall be included among 48 relevant considerations. 49 (e) In addition to statements that must be suppressed as involuntarily 50 made within the definition in subdivision two of section 60.45 of this 51 chapter, a statement shall be suppressed: when the child has not 52 consulted with an attorney as required by paragraph (c) of this subdivi- 53 sion; or when a person notified pursuant to paragraph (a) of this subdi- 54 vision, if present, has not been advised of and voluntarily waived the 55 rights delineated in paragraph (c) of this subdivision.S. 878 7 1 § 11. Subdivision 5 of section 140.40 of the criminal procedure law, 2 as amended by section 24 of part WWW of chapter 59 of the laws of 2017, 3 is amended to read as follows: 4 5. (a) If a police officer takes an arrested juvenile offender or a 5 person sixteen or [commencing October first, two thousand nineteen,] 6 seventeen years of age into custody, the police officer shall immediate- 7 ly, before transporting the child to the police station house notify the 8 parent or other person legally responsible for [his or her] the juvenile 9 offender or sixteen or seventeen year old's care or the person with whom 10 [he or she] the juvenile offender or sixteen or seventeen year old is 11 domiciled, that such juvenile offender or [person] sixteen or seventeen 12 year old has been arrested, and the location of the facility where [he13or she is being] the juvenile offender or sixteen or seventeen year old 14 will be detained. 15 (b) If the officer determines that it is necessary to question a juve- 16 nile offender or [such person] sixteen or seventeen year old the officer 17 must take [him or her] the juvenile offender or sixteen or seventeen 18 year old to a facility designated by the chief administrator of the 19 courts as a suitable place for the questioning of children or, upon the 20 consent of a parent or other person legally responsible for the care of 21 the juvenile offender or [such person] sixteen or seventeen year old, to 22 [his or her] the juvenile offender or sixteen or seventeen year old's 23 residence and there, subject to the requirements of paragraph (c) of 24 this subdivision, question [him or her] the juvenile offender or sixteen 25 or seventeen year old for a reasonable period of time. 26 (c) A juvenile offender or [such person] sixteen or seventeen year old 27 shall not be questioned pursuant to this section unless or until: 28 (i) [he or she] the juvenile offender or sixteen or seventeen year old 29 and a person required to be notified pursuant to paragraph (a) of this 30 subdivision, if present, have been advised: 31 [(a)] (A) of [his or her] the juvenile offender or sixteen or seven- 32 teen year old's right to remain silent; 33 [(b)] (B) that the statements made by the juvenile offender or [such34person] sixteen or seventeen year old may be used in a court of law; 35 [(c)] (C) of [his or her] the juvenile offender or sixteen or seven- 36 teen year old's right to have an attorney present at such questioning; 37 and 38 [(d)] (D) of [his or her] the juvenile offender or sixteen or seven- 39 teen year old's right to have an attorney provided for [him or her] them 40 without charge if [he or she is] they are unable to afford counsel[.]; 41 and 42 (ii) the juvenile offender or sixteen or seventeen year old has 43 consulted with an attorney in person, by telephone, or by video confer- 44 ence. This consultation may not be waived. 45 (d) In determining the suitability of questioning and determining the 46 reasonable period of time for questioning such a juvenile offender or 47 [such person] sixteen or seventeen year old, [his or her] the juvenile 48 offender or sixteen or seventeen year old's age, the presence or absence 49 of [his or her] the juvenile offender or sixteen or seventeen year old's 50 parents or other persons legally responsible for [his or her] the juve- 51 nile offender or sixteen or seventeen year old's care and notification 52 pursuant to paragraph (a) of this subdivision shall be included among 53 relevant considerations. 54 (e) In addition to statements that must be suppressed as involuntarily 55 made within the definition in subdivision two of section 60.45 of this 56 chapter, a statement shall be suppressed: when the child has notS. 878 8 1 consulted with an attorney as required by paragraph (c) of this subdivi- 2 sion; or when a person notified pursuant to paragraph (a) of this subdi- 3 vision, if present, has not been advised of and voluntarily waived the 4 rights delineated in paragraph (c) of this subdivision. 5 § 12. This act shall take effect April 1, 2026.
