Bill Text: NY S01193 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires police to advise persons under 18 years of age of their rights to silence and to an attorney before any custodial interrogation.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01193 Detail]

Download: New_York-2021-S01193-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1193

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        Introduced  by Sens. GIANARIS, BRESLIN, COMRIE, HOYLMAN, SERRANO -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes

        AN  ACT to amend the criminal procedure law and the family court act, in
          relation to requiring law enforcement authorities  to  advise  persons
          under  the  age  of eighteen years of certain rights when such persons
          are questioned while in custody

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 60.45 of the criminal procedure law is amended by
     2  adding a new subdivision 4 to read as follows:
     3    4. A confession, admission or other statement is "involuntarily  made"
     4  by  a defendant, who is under eighteen years of age, when it is obtained
     5  from him or her while he or she is subject to a custodial  interrogation
     6  by  a  public servant engaged in law enforcement activity, prior to such
     7  public servant:
     8    (a) continuously reading, in its entirety, to the  defendant,  without
     9  stopping  for  purposes  of  a  response from the defendant or verifying
    10  comprehension, the following statement:
    11    "You have the right to remain silent. That means, you do not  have  to
    12  say  anything.  Anything  you  say can be used against you in court. You
    13  have the right to get help from a lawyer. If you cannot  pay  a  lawyer,
    14  the  court  will  get  you one for free. You have the right to stop this
    15  interview at any time."; and
    16    (b) after reading the statement required  by  paragraph  (a)  of  this
    17  subdivision,  asking  the  defendant the following questions and waiting
    18  for the defendant's response thereto for each question:
    19    "Do you want to talk to me?
    20    Do you want to have a lawyer?".
    21    § 2. Subdivision 4 of section 344.2 of the family court act, as renum-
    22  bered by section 2 of part VVV of chapter 59 of the  laws  of  2017,  is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03166-01-1
        S. 1193                             2

     1  renumbered  subdivision  5  and  a new subdivision 4 is added to read as
     2  follows:
     3    4.  A confession, admission or other statement is "involuntarily made"
     4  by a respondent when it is obtained from him or her while he or  she  is
     5  subject  to a custodial interrogation by a public servant engaged in law
     6  enforcement activity, prior to such public servant:
     7    (a) continuously reading, in its entirety, to the respondent,  without
     8  stopping  for  purposes  of  a response from the respondent or verifying
     9  comprehension, the following statement:
    10    "You have the right to remain silent. That means, you do not  have  to
    11  say  anything.  Anything  you  say can be used against you in court. You
    12  have the right to get help from a lawyer. If you cannot  pay  a  lawyer,
    13  the  court  will  get  you one for free. You have the right to stop this
    14  interview at any time."; and
    15    (b) after reading the statement required  by  paragraph  (a)  of  this
    16  subdivision,  asking  the respondent the following questions and waiting
    17  for the respondent's response thereto for each question:
    18    "Do you want to talk to me?
    19    Do you want to have a lawyer?".
    20    § 3. This act shall take effect on the thirtieth day  after  it  shall
    21  have become a law.