Bill Text: NY A06982 | 2019-2020 | General Assembly | Amended
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 15-0)
Status: (Introduced - Dead) 2020-07-14 - print number 6982b [A06982 Detail]
Download: New_York-2019-A06982-Amended.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 15-0)
Status: (Introduced - Dead) 2020-07-14 - print number 6982b [A06982 Detail]
Download: New_York-2019-A06982-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6982--A 2019-2020 Regular Sessions IN ASSEMBLY April 3, 2019 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10989-02-9A. 6982--A 2 1 (b) when the officer does not reasonably believe the parent or other 2 person legally responsible for the child's care will appear for the 3 child, forthwith and with all reasonable speed take the child directly, 4 and without his or her first being taken to the police station house, to 5 the family court located in the county in which the act occasioning the 6 taking into custody allegedly was committed, or, when the family court 7 is not in session, to the most accessible magistrate, if any, designated 8 by the appellate division of the supreme court in the applicable depart- 9 ment to conduct a hearing under section 307.4 [of this part, unless the10officer determines that it is necessary to question the child, in which11case he or she may take the child to a facility designated by the chief12administrator of the courts as a suitable place for the questioning of13children or, upon the consent of a parent or other person legally14responsible for the care of the child, to the child's residence and15there question him or her for a reasonable period of time]; or 16 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family 17 court act, as amended by section 3 of part G of chapter 58 of the laws 18 of 2010, is amended to read as follows: 19 (c) when the officer does not release the child pursuant to paragraph 20 (a) of this subdivision, or take the child to family court or to a 21 magistrate pursuant to paragraph (b) of this subdivision, take the child 22 to a place certified by the office of children and family services as a 23 juvenile detention facility for the reception of children; or 24 § 5. Subdivision 5 of section 305.2 of the family court act, as 25 amended by chapter 398 of the laws of 1983, is amended to read as 26 follows: 27 5. If such child has allegedly committed a designated felony act as 28 defined in subdivision eight of section 301.2, and the family court in 29 the county is in session, the officer shall forthwith take the child 30 directly to such family court, unless the officer takes the child to a 31 facility for questioning in accordance with [paragraph (b) of subdivi-32sion four. If such child has not allegedly committed a designated felony33act and such family court is in session, the officer shall either forth-34with take the child directly to such family court, unless the officer35takes the child to a facility for questioning in accordance with para-36graph (b) of subdivision four or release the child in accordance with37paragraph (a) of subdivision four] subdivision seven. 38 § 6. Subdivision 6 of section 305.2 of the family court act, as added 39 by chapter 920 of the laws of 1982, is amended to read as follows: 40 6. [In all other cases] If such child has not allegedly committed a 41 designated felony act, and in the absence of special circumstances, the 42 officer shall release the child in accordance with paragraph (a) of 43 subdivision four. 44 § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, as 45 amended by chapter 398 of the laws of 1983, are amended and a new subdi- 46 vision 10 is added to read as follows: 47 7. If the officer determines that questioning of the child is neces- 48 sary prior to taking action authorized by subdivision four or five, the 49 officer may take the child to a facility designated by the chief admin- 50 istrator of the courts as a suitable place for the questioning of chil- 51 dren or, upon the consent of a parent or other person legally responsi- 52 ble for the care of the child, to the child's residence and there, 53 subject to the requirements of subdivision eight, question him or her 54 for a reasonable period of time. Questioning is necessary only when the 55 officer reasonably determines that the child's life or health, or the 56 life or health of another individual, is in imminent danger and that theA. 6982--A 3 1 child may have information that would assist the officer in taking 2 protective action. 3 8. A child shall not be questioned pursuant to this section unless 4 [he] or until: 5 (a) the child and a person required to be notified pursuant to subdi- 6 vision three if present, have been advised: 7 [(a)] (i) of the child's right to remain silent; 8 [(b)] (ii) that the statements made by the child may be used in a 9 court of law; 10 [(c)] (iii) of the child's right to have an attorney present at such 11 questioning; and 12 [(d)] (iv) of the child's right to have an attorney provided for him 13 or her without charge if he or she is indigent; and 14 (b) the child has consulted with legal counsel in person, by tele- 15 phone, or by video conference. This consultation may not be waived. 16 [8.] 9. In determining the suitability of questioning and determining 17 the reasonable period of time for questioning such a child, the child's 18 age, the presence or absence of his or her parents or other persons 19 legally responsible for his or her care and notification pursuant to 20 subdivision three shall be included among relevant considerations. 21 10. In addition to statements that must be suppressed as involuntarily 22 made within the definition in subdivision two of section 344.2, a state- 23 ment shall be suppressed: when the child has not consulted with legal 24 counsel as required by paragraph (b) of subdivision eight; when a person 25 notified pursuant to subdivision three, if present, has not been advised 26 of and voluntarily waived the rights delineated in paragraph (a) of 27 subdivision eight; or when the questioning of the child was not neces- 28 sary within the definition in subdivision seven. 29 § 8. Section 724 of the family court act, the section heading and 30 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980, 31 subdivision (a) as amended by chapter 920 of the laws of 1982, para- 32 graphs (i), (ii), and (iv) of subdivision (b) as amended by section 4 of 33 part E of chapter 57 of the laws of 2005, paragraph (iii) of subdivision 34 (b) as amended by section 7 of part M of chapter 56 of the laws of 2017, 35 and subdivision (d) as added by chapter 809 of the laws of 1963, is 36 amended to read as follows: 37 § 724. Duties of police officer or peace officer after taking into 38 custody or on delivery by private person. (a) If a peace officer or a 39 police officer takes into custody or if a person is delivered to him 40 under section seven hundred twenty-three, the officer shall immediately, 41 before transporting the child to any other location, notify the parent 42 or other person legally responsible for his care, or the person with 43 whom he is domiciled, that he has been taken into custody. 44 (b) After making every reasonable effort to give notice under [para-45graph] subdivision (a) of this section, the officer shall 46 (i) when the officer reasonably believes such parent or other person 47 legally responsible for the child's care will appear, take the child to 48 his or her home, the police station house, or another location agreed 49 upon with the parent or person legally responsible, and release the 50 youth to the custody of [his or her parent or other] such person [legal-51ly responsible for his or her care] upon the written promise, without 52 security, of the person to whose custody the youth is released that he 53 or she will produce the youth before the lead agency designated pursuant 54 to section seven hundred thirty-five of this article in that county at a 55 time and place specified in writing; orA. 6982--A 4 1 (ii) when the officer reasonably believes such parent or other person 2 legally responsible for the child's care will appear for the child, 3 forthwith and with all reasonable speed take the youth directly, and 4 without first being taken to the police station house, to the designated 5 lead agency located in the county in which the act occasioning the 6 taking into custody allegedly was done[, unless the officer determines7that it is necessary to question the youth, in which case he or she may8take the youth to a facility designated by the chief administrator of9the courts as a suitable place for the questioning of youth or, upon the10consent of a parent or other person legally responsible for the care of11the youth, to the youth's residence and there question him or her for a12reasonable period of time]; or 13 (iii) take a youth in need of crisis intervention or respite services 14 to a runaway and homeless youth crisis services program or other 15 approved respite or crisis program; or 16 (iv) take the youth directly to the family court located in the county 17 in which the act occasioning the taking into custody was allegedly done, 18 provided that the officer affirms on the record that he or she attempted 19 to exercise the options identified in paragraphs (i), (ii) and (iii) of 20 this subdivision, was unable to exercise these options, and the reasons 21 therefor. 22 (c) In the absence of special circumstances, the officer shall release 23 the child in accord with paragraph [(b)] (i) of subdivision (b) of this 24 section. 25 (d) If the officer determines that questioning of the child is neces- 26 sary prior to taking action authorized by subdivision (b) of this 27 section, the officer may take the child to a facility designated by the 28 chief administrator of the courts as a suitable place for the question- 29 ing of children or, upon the consent of a parent or other person legally 30 responsible for the care of the child, to the child's residence and 31 there, subject to the requirements of subdivision (e) of this section, 32 question him or her for a reasonable period of time. Questioning is 33 necessary only when the officer reasonably determines that the child's 34 life or health, or the life or health of another individual, is in immi- 35 nent danger and that the child may have information that would assist 36 the officer in taking protective action. 37 (e) In determining the suitability of questioning and determining what 38 is a "reasonable period of time" for questioning a child, the child's 39 age [and], the presence or absence of his parents or other person legal- 40 ly responsible for his care and notification pursuant to subdivision (a) 41 of this section shall be included among the relevant considerations. 42 (f) No statement made to a peace officer or a police officer prior to 43 the commencement of a fact-finding hearing may be admitted into evidence 44 at a fact-finding hearing. 45 § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as 46 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 47 amended to read as follows: 48 6. (a) Upon arresting a juvenile offender or a person sixteen or 49 commencing October first, two thousand nineteen, seventeen years of age 50 without a warrant, the police officer shall immediately, before trans- 51 porting the child to the police station house, notify the parent or 52 other person legally responsible for his or her care or the person with 53 whom he or she is domiciled, that such juvenile offender or person has 54 been arrested, and the location of the facility where he or she [is55being] will be detained.A. 6982--A 5 1 (b) If the officer determines that it is necessary to question a juve- 2 nile offender or such person, the officer must take him or her to a 3 facility designated by the chief administrator of the courts as a suit- 4 able place for the questioning of children or, upon the consent of a 5 parent or other person legally responsible for the care of the juvenile 6 or such person, to his or her residence and there, subject to the 7 requirements of paragraph (c) of this subdivision, question him or her 8 for a reasonable period of time. Questioning is necessary only when the 9 officer reasonably determined that the child's life or health, or the 10 life or health of another individual, is in imminent danger and that the 11 child may have information that would assist the officer in taking 12 protective action. 13 (c) A juvenile offender or such person shall not be questioned pursu- 14 ant to this section unless or until: 15 (i) he or she and a person required to be notified pursuant to para- 16 graph (a) of this subdivision, if present, have been advised: 17 [(a)] (A) of the juvenile offender's or such person's right to remain 18 silent; 19 [(b)] (B) that the statements made by him or her may be used in a 20 court of law; 21 [(c)] (C) of his or her right to have an attorney present at such 22 questioning; and 23 [(d)] (D) of his or her right to have an attorney provided for him or 24 her without charge if he or she is unable to afford counsel[.]; and 25 (ii) the juvenile offender or such person has consulted with an attor- 26 ney in person, by telephone, or by video conference. This consultation 27 may not be waived. 28 (d) In determining the suitability of questioning and determining the 29 reasonable period of time for questioning such a juvenile offender or 30 person, his or her age, the presence or absence of his or her parents or 31 other persons legally responsible for his or her care and notification 32 pursuant to paragraph (a) of this subdivision shall be included among 33 relevant considerations. 34 (e) In addition to statements that must be suppressed as involuntarily 35 made within the definition in subdivision two of section 60.45 of this 36 chapter, a statement shall be suppressed: when the child has not 37 consulted with an attorney as required by paragraph (c) of this subdivi- 38 sion; when a person notified pursuant to paragraph (a) of this subdivi- 39 sion, if present, has not been advised of and voluntarily waived the 40 rights delineated in paragraph (c) of this subdivision; or when the 41 questioning of the child was not necessary within the definition in 42 paragraph (b) of this subdivision. 43 § 10. Subdivision 5 of section 140.27 of the criminal procedure law, 44 as amended by section 23 of part WWW of chapter 59 of the laws of 2017, 45 is amended to read as follows: 46 5. (a) Upon arresting a juvenile offender or a person sixteen or 47 commencing October first, two thousand nineteen, seventeen years of age 48 without a warrant, the peace officer shall immediately, before trans- 49 porting the child to the police station house, notify the parent or 50 other person legally responsible for his or her care or the person with 51 whom he or she is domiciled, that such juvenile offender or person has 52 been arrested, and the location of the facility where he or she [is53being] will be detained. 54 (b) If the officer determines that it is necessary to question a juve- 55 nile offender or such person, the officer must take him or her to a 56 facility designated by the chief administrator of the courts as a suit-A. 6982--A 6 1 able place for the questioning of children or, upon the consent of a 2 parent or other person legally responsible for the care of a juvenile 3 offender or such person, to his or her residence and there, subject to 4 the requirements of paragraph (c) of this subdivision, question him or 5 her for a reasonable period of time. Questioning is necessary only when 6 the officer reasonably determines that the child's life or health, or 7 the life or health of another individual, is in imminent danger and that 8 the child may have information that would assist the officer in taking 9 protective action. 10 (c) A juvenile offender or such person shall not be questioned pursu- 11 ant to this section unless or until: 12 (i) the juvenile offender or such person and a person required to be 13 notified pursuant to paragraph (a) of this subdivision, if present, have 14 been advised: 15 [(a)] (A) of his or her right to remain silent; 16 [(b)] (B) that the statements made by the juvenile offender or such 17 person may be used in a court of law; 18 [(c)] (C) of his or her right to have an attorney present at such 19 questioning; and 20 [(d)] (D) of his or her right to have an attorney provided for him or 21 her without charge if he or she is unable to afford counsel[.]; and 22 (ii) the juvenile offender or such person has consulted with an attor- 23 ney in person, by telephone or by video conference. This consultation 24 may not be waived. 25 (d) In determining the suitability of questioning and determining the 26 reasonable period of time for questioning such a juvenile offender or 27 such person, his or her age, the presence or absence of his or her 28 parents or other persons legally responsible for his or her care and 29 notification pursuant to paragraph (a) of this subdivision shall be 30 included among relevant considerations. 31 (e) In addition to statements that must be suppressed as involuntarily 32 made within the definition in subdivision two of section 60.45 of this 33 chapter, a statement shall be suppressed: when the child has not 34 consulted with an attorney as required by paragraph (c) of this subdivi- 35 sion; when a person notified pursuant to paragraph (a) of this subdivi- 36 sion, if present, has not been advised of and voluntarily waived the 37 rights delineated in paragraph (c) of this subdivision; or when the 38 questioning of the child was not necessary within the definition in 39 paragraph (b) of this subdivision. 40 § 11. Subdivision 5 of section 140.40 of the criminal procedure law, 41 as amended by section 24 of part WWW of chapter 59 of the laws of 2017, 42 is amended to read as follows: 43 5. (a) If a police officer takes an arrested juvenile offender or a 44 person sixteen or commencing October first, two [thosuand] thousand 45 nineteen, seventeen years of age into custody, the police officer shall 46 immediately, before transporting the child to the police station house 47 notify the parent or other person legally responsible for his or her 48 care or the person with whom he or she is domiciled, that such juvenile 49 offender or person has been arrested, and the location of the facility 50 where he or she [is being] will be detained. 51 (b) If the officer determines that it is necessary to question a juve- 52 nile offender or such person the officer must take him or her to a 53 facility designated by the chief administrator of the courts as a suit- 54 able place for the questioning of children or, upon the consent of a 55 parent or other person legally responsible for the care of the juvenile 56 offender or such person, to his or her residence and there, subject toA. 6982--A 7 1 the requirements of paragraph (c) of this subdivision, question him or 2 her for a reasonable period of time. Questioning is necessary only when 3 the officer reasonably determines that the child's life or health, or 4 the life or the health of another individual, is in imminent danger and 5 that the child may have information that would assist the officer in 6 taking protective action. 7 (c) A juvenile offender or such person shall not be questioned pursu- 8 ant to this section unless or until: 9 (i) he or she and a person required to be notified pursuant to para- 10 graph (a) of this subdivision, if present, have been advised: 11 [(a)] (A) of his or her right to remain silent; 12 [(b)] (B) that the statements made by the juvenile offender or such 13 person may be used in a court of law; 14 [(c)] (C) of his or her right to have an attorney present at such 15 questioning; and 16 [(d)] (D) of his or her right to have an attorney provided for him or 17 her without charge if he or she is unable to afford counsel. 18 (d) In determining the suitability of questioning and determining the 19 reasonable period of time for questioning such a juvenile offender or 20 such person, his or her age, the presence or absence of his or her 21 parents or other persons legally responsible for his or her care and 22 notification pursuant to paragraph (a) of this subdivision shall be 23 included among relevant considerations. 24 (e) In addition to statements that must be suppressed as involuntarily 25 made within the definition in subdivision two of section 60.45 of this 26 chapter, a statement shall be suppressed: when the child has not 27 consulted with an attorney as required by paragraph (c) of this subdivi- 28 sion; when a person notified pursuant to paragraph (a) of this subdivi- 29 sion, if present, has not been advised of and voluntarily waived the 30 rights delineated in paragraph (c) of this subdivision; or when the 31 questioning of the child was not necessary within the definition in 32 paragraph (b) of this subdivision. 33 § 12. This act shall take effect April 1, 2020; provided, however, 34 that the amendments to subdivision 6 of section 140.20, subdivision 5 of 35 section 140.27, and subdivision 5 of section 140.40 of the criminal 36 procedure law made by sections nine, ten, and eleven of this act shall 37 take effect on the same date and in the same manner as subdivision b of 38 section 106 of part WWW of chapter 59 of the laws of 2017, takes effect.
