Bill Text: NY S01099 | 2023-2024 | General Assembly | Amended
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 32-0)
Status: (Introduced) 2024-03-26 - REPORTED AND COMMITTED TO CODES [S01099 Detail]
Download: New_York-2023-S01099-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1099--A 2023-2024 Regular Sessions IN SENATE January 10, 2023 ___________ Introduced by Sens. BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KENNEDY, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, THOMAS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03283-03-4S. 1099--A 2 1 a family court appearance ticket to the child and the person to whose 2 custody the child is released; or 3 § 3. Paragraph (b) of subdivision 4 of section 305.2 of the family 4 court act, as amended by section 63 of part WWW of chapter 59 of the 5 laws of 2017, is amended to read as follows: 6 (b) when the officer does not reasonably believe the parent or other 7 person legally responsible for the child's care will appear for the 8 child, forthwith and with all reasonable speed take the child directly, 9 and without his or her first being taken to the police station house, to 10 the family court located in the county in which the act occasioning the 11 taking into custody allegedly was committed, or, when the family court 12 is not in session, to the most accessible magistrate, if any, designated 13 by the appellate division of the supreme court in the applicable depart- 14 ment to conduct a hearing under section 307.4 [of this part, unless the15officer determines that it is necessary to question the child, in which16case he or she may take the child to a facility designated by the chief17administrator of the courts as a suitable place for the questioning of18children or, upon the consent of a parent or other person legally19responsible for the care of the child, to the child's residence and20there question him or her for a reasonable period of time]; or 21 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family 22 court act, as amended by section 3 of part G of chapter 58 of the laws 23 of 2010, is amended to read as follows: 24 (c) when the officer does not release the child pursuant to paragraph 25 (a) of this subdivision, or take the child to family court or to a 26 magistrate pursuant to paragraph (b) of this subdivision, take the child 27 to a place certified by the office of children and family services as a 28 juvenile detention facility for the reception of children; or 29 § 5. Subdivision 5 of section 305.2 of the family court act, as 30 amended by chapter 398 of the laws of 1983, is amended to read as 31 follows: 32 5. If such child has allegedly committed a designated felony act as 33 defined in subdivision eight of section 301.2, and the family court in 34 the county is in session, the officer shall forthwith take the child 35 directly to such family court[, unless the officer takes the child to a36facility for questioning in accordance with paragraph (b) of subdivision37four. If such child has not allegedly committed a designated felony act38and such family court is in session, the officer shall either forthwith39take the child directly to such family court, unless the officer takes40the child to a facility for questioning in accordance with paragraph (b)41of subdivision four or release the child in accordance with paragraph42(a) of subdivision four] or, when the family court is not in session, to 43 the most accessible magistrate, if any, designated by the appellate 44 division of the supreme court in the applicable department to conduct a 45 hearing under section 307.4. 46 § 6. Subdivision 6 of section 305.2 of the family court act, as added 47 by chapter 920 of the laws of 1982, is amended to read as follows: 48 6. [In all other cases] If such child has not allegedly committed a 49 designated felony act, and in the absence of special circumstances, the 50 officer shall release the child in accordance with paragraph (a) of 51 subdivision four. 52 § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, 53 subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi- 54 sion 8 as amended by chapter 299 of the laws of 2020, are amended and a 55 new subdivision 10 is added to read as follows:S. 1099--A 3 1 7. If the officer determines that questioning of the child is neces- 2 sary prior to taking action authorized by subdivision four or five, the 3 officer may take the child to a facility designated by the chief admin- 4 istrator of the courts as a suitable place for the questioning of chil- 5 dren or, upon the consent of a parent or other person legally responsi- 6 ble for the care of the child, to the child's residence and there, 7 subject to the requirements of subdivision eight, question him or her 8 for a reasonable period of time. 9 8. A child shall not be questioned pursuant to this section unless 10 [he] or until: 11 (a) the child and a person required to be notified pursuant to subdi- 12 vision three if present, have been advised: 13 [(a)] (i) of the child's right to remain silent; 14 [(b)] (ii) that the statements made by the child may be used in a 15 court of law; 16 [(c)] (iii) of the child's right to have an attorney present at such 17 questioning; and 18 [(d)] (iv) of the child's right to have an attorney provided for him 19 or her without charge if he or she is indigent; and 20 (b) the child has consulted with legal counsel in person, by tele- 21 phone, or by video conference. This consultation may not be waived. 22 [8.] 9. In determining the suitability of questioning and determining 23 the reasonable period of time for questioning such a child, the child's 24 age, the presence or absence of his or her parents or other persons 25 legally responsible for his or her care, notification pursuant to subdi- 26 vision three and, where the child has been interrogated at a facility 27 designated by the chief administrator of the courts as a suitable place 28 for the questioning of juveniles, whether the interrogation was in 29 compliance with the video-recording and disclosure requirements of 30 subdivision five-a of this section shall be included among relevant 31 considerations. 32 10. In addition to statements that must be suppressed as involuntarily 33 made within the definition in subdivision two of section 344.2, a state- 34 ment shall be suppressed: when the child has not consulted with legal 35 counsel as required by paragraph (b) of subdivision eight; or when a 36 person notified pursuant to subdivision three, if present, has not been 37 advised of and voluntarily waived the rights delineated in paragraph (a) 38 of subdivision eight. 39 § 8. Section 724 of the family court act, the section heading and 40 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980, 41 subdivision (a) as amended by chapter 920 of the laws of 1982, para- 42 graphs (i) and (ii) as amended and paragraph (iv) of subdivision (b) as 43 added by section 4 of part E of chapter 57 of the laws of 2005, para- 44 graph (iii) of subdivision (b) as amended by section 7 of part M of 45 chapter 56 of the laws of 2017, and subdivision (d) as added by chapter 46 809 of the laws of 1963, is amended to read as follows: 47 § 724. Duties of police officer or peace officer after taking into 48 custody or on delivery by private person. (a) If a peace officer or a 49 police officer takes into custody or if a person is delivered to him or 50 her under section seven hundred twenty-three, the officer shall imme- 51 diately, before transporting the child to any other location, notify the 52 parent or other person legally responsible for his or her care, or the 53 person with whom he or she is domiciled, that he or she has been taken 54 into custody. 55 (b) After making every reasonable effort to give notice under [para-56graph] subdivision (a) of this section, the officer shallS. 1099--A 4 1 (i) when the officer reasonably believes such parent or other person 2 legally responsible for the child's care will appear, take the child to 3 his or her home, the police station house, or another location agreed 4 upon with the parent or person legally responsible, and release the 5 youth to the custody of [his or her parent or other] such person [legal-6ly responsible for his or her care] upon the written promise, without 7 security, of the person to whose custody the youth is released that he 8 or she will produce the youth before the lead agency designated pursuant 9 to section seven hundred thirty-five of this article in that county at a 10 time and place specified in writing; or 11 (ii) when the officer does not reasonably believe such parent or other 12 person legally responsible for the child's care will appear for the 13 child, forthwith and with all reasonable speed take the youth directly, 14 and without first being taken to the police station house, to the desig- 15 nated lead agency located in the county in which the act occasioning the 16 taking into custody allegedly was done[, unless the officer determines17that it is necessary to question the youth, in which case he or she may18take the youth to a facility designated by the chief administrator of19the courts as a suitable place for the questioning of youth or, upon the20consent of a parent or other person legally responsible for the care of21the youth, to the youth's residence and there question him or her for a22reasonable period of time]; or 23 (iii) take a youth in need of crisis intervention or respite services 24 to a runaway and homeless youth crisis services program or other 25 approved respite or crisis program; or 26 (iv) take the youth directly to the family court located in the county 27 in which the act occasioning the taking into custody was allegedly done, 28 provided that the officer affirms on the record that he or she attempted 29 to exercise the options identified in paragraphs (i), (ii) and (iii) of 30 this subdivision, was unable to exercise these options, and the reasons 31 therefor. 32 (c) In the absence of special circumstances, the officer shall release 33 the child in accord with paragraph [(b)] (i) of subdivision (b) of this 34 section. 35 (d) If the officer determines that questioning of the child is neces- 36 sary prior to taking action authorized by subdivision (b) of this 37 section, the officer may take the child to a facility designated by the 38 chief administrator of the courts as a suitable place for the question- 39 ing of children or, upon the consent of a parent or other person legally 40 responsible for the care of the child, to the child's residence and 41 there, subject to the requirements of subdivision (e) of this section, 42 question him or her for a reasonable period of time. 43 (e) In determining the suitability of questioning and determining what 44 is a "reasonable period of time" for questioning a child, the child's 45 age [and], the presence or absence of his or her parents or other person 46 legally responsible for his or her care and notification pursuant to 47 subdivision (a) of this section shall be included among the relevant 48 considerations. 49 (f) No statement made to a peace officer or a police officer prior to 50 the commencement of a fact-finding hearing may be admitted into evidence 51 at a fact-finding hearing. 52 § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as 53 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 54 amended to read as follows: 55 6. (a) Upon arresting a juvenile offender or a person sixteen or 56 [commencing October first, two thousand nineteen,] seventeen years ofS. 1099--A 5 1 age without a warrant, the police officer shall immediately, before 2 transporting the child to the police station house, notify the parent or 3 other person legally responsible for his or her care or the person with 4 whom he or she is domiciled, that such juvenile offender or [person] 5 sixteen or seventeen year old has been arrested, and the location of the 6 facility where he or she [is being] will be detained. 7 (b) If the officer determines that it is necessary to question a juve- 8 nile offender or [such person] sixteen or seventeen year old, the offi- 9 cer must take him or her to a facility designated by the chief adminis- 10 trator of the courts as a suitable place for the questioning of children 11 or, upon the consent of a parent or other person legally responsible for 12 the care of the juvenile or [such person] sixteen or seventeen year old, 13 to his or her residence and there, subject to the requirements of para- 14 graph (c) of this subdivision, question him or her for a reasonable 15 period of time. 16 (c) A juvenile offender or [such person] sixteen or seventeen year old 17 shall not be questioned pursuant to this section unless or until: 18 (i) he or she and a person required to be notified pursuant to para- 19 graph (a) of this subdivision, if present, have been advised: 20 [(a)] (A) of the juvenile offender's or [such person's] sixteen or 21 seventeen year old's right to remain silent; 22 [(b)] (B) that the statements made by him or her may be used in a 23 court of law; 24 [(c)] (C) of his or her right to have an attorney present at such 25 questioning; and 26 [(d)] (D) of his or her right to have an attorney provided for him or 27 her without charge if he or she is unable to afford counsel[.]; 28 (ii) the juvenile offender or sixteen or seventeen year old has 29 consulted with an attorney in person, by telephone, or by video confer- 30 ence. This consultation may not be waived. 31 (d) In determining the suitability of questioning and determining the 32 reasonable period of time for questioning such a juvenile offender or 33 [person] sixteen or seventeen year old, his or her age, the presence or 34 absence of his or her parents or other persons legally responsible for 35 his or her care and notification pursuant to paragraph (a) of this 36 subdivision shall be included among relevant considerations. 37 (e) In addition to statements that must be suppressed as involuntarily 38 made within the definition in subdivision two of section 60.45 of this 39 chapter, a statement shall be suppressed: when the child has not 40 consulted with an attorney as required by paragraph (c) of this subdivi- 41 sion; or when a person notified pursuant to paragraph (a) of this subdi- 42 vision, if present, has not been advised of and voluntarily waived the 43 rights delineated in paragraph (c) of this subdivision. 44 § 10. Subdivision 5 of section 140.27 of the criminal procedure law, 45 as amended by section 23 of part WWW of chapter 59 of the laws of 2017, 46 is amended to read as follows: 47 5. (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 peace 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-S. 1099--A 6 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 a juvenile offender or [such person] sixteen or seventeen 5 year old, to his or her residence and there, subject to the requirements 6 of paragraph (c) of this subdivision, question him or her for a reason- 7 able 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) the juvenile offender or [such person] sixteen or seventeen year 11 old and a person required to be notified pursuant to paragraph (a) of 12 this subdivision, if present, have been advised: 13 [(a)] (A) of his or her right to remain silent; 14 [(b)] (B) that the statements made by the juvenile offender or [such15person] sixteen or seventeen year old may be used in a 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[.]; and 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 [such person] sixteen or seventeen year old his or her age, the presence 26 or absence of his or her parents or other persons legally responsible 27 for 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 § 11. Subdivision 5 of section 140.40 of the criminal procedure law, 37 as amended by section 24 of part WWW of chapter 59 of the laws of 2017, 38 is amended to read as follows: 39 5. (a) If a police officer takes an arrested juvenile offender or a 40 person sixteen or [commencing October first, two thousand nineteen,] 41 seventeen years of age into custody, the police officer shall immediate- 42 ly, before transporting the child to the police station house notify the 43 parent or other person legally responsible for his or her care or the 44 person with whom he or she is domiciled, that such juvenile offender or 45 [person] sixteen or seventeen year old has been arrested, and the 46 location of the 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 officer 49 must take him or her to a facility designated by the chief administrator 50 of the courts as a suitable place for the questioning of children or, 51 upon the consent of a parent or other person legally responsible for the 52 care of the juvenile offender or [such person] sixteen or seventeen year 53 old, to his or her residence and there, subject to the requirements of 54 paragraph (c) of this subdivision, question him or her for a reasonable 55 period of time.S. 1099--A 7 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) he or she and a person required to be notified pursuant to para- 4 graph (a) of this subdivision, if present, have been advised: 5 [(a)] (A) of his or her right to remain silent; 6 [(b)] (B) that the statements made by the juvenile offender or [such7person] sixteen or seventeen year old may be used in a court of law; 8 [(c)] (C) of his or her right to have an attorney present at such 9 questioning; and 10 [(d)] (D) of his or her right to have an attorney provided for him or 11 her without charge if he or she is unable to afford counsel[.]; and 12 (ii) the juvenile offender or sixteen or seventeen year old has 13 consulted with an attorney in person, by telephone, or by video confer- 14 ence. This consultation may not be waived. 15 (d) In determining the suitability of questioning and determining the 16 reasonable period of time for questioning such a juvenile offender or 17 [such person] sixteen or seventeen year old, his or her age, the pres- 18 ence or absence of his or her parents or other persons legally responsi- 19 ble for his or her care and notification pursuant to paragraph (a) of 20 this subdivision shall be included among relevant considerations. 21 (e) In addition to statements that must be suppressed as involuntarily 22 made within the definition in subdivision two of section 60.45 of this 23 chapter, a statement shall be suppressed: when the child has not 24 consulted with an attorney as required by paragraph (c) of this subdivi- 25 sion; or when a person notified pursuant to paragraph (a) of this subdi- 26 vision, if present, has not been advised of and voluntarily waived the 27 rights delineated in paragraph (c) of this subdivision. 28 § 12. This act shall take effect April 1, 2025.
