Bill Text: NY S06754 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 6754 (Prior Session Legislation)

Introduced

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 7-0)

Status: (Introduced - Dead) 2016-02-16 - REFERRED TO CODES [S06754 Detail]

Download: New_York-2015-S06754-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          6754
                    IN SENATE
                                    February 16, 2016
                                       ___________
        Introduced  by Sen. GIANARIS -- 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 3 to read as follows:
     3    3.  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 3 of section 344.2 of the family court act is renum-
    22  bered subdivision 4 and a new subdivision 3 is added to read as follows:
    23    3. A confession, admission or other statement is "involuntarily  made"
    24  by  a  respondent when it is obtained from him or her while he or she is
    25  subject to a custodial interrogation by a public servant engaged in  law
    26  enforcement activity, prior to such public servant:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13865-02-6