Bill Text: NY S04980 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 9-0)

Status: (Introduced - Dead) 2020-07-09 - PRINT NUMBER 4980B [S04980 Detail]

Download: New_York-2019-S04980-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4980                                                  A. 6982
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                      April 3, 2019
                                       ___________
        IN  SENATE -- Introduced by Sen. BAILEY -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Children  and
          Families
        IN  ASSEMBLY  -- Introduced by M. of A. JOYNER -- read once and referred
          to the Committee on Children and Families
        AN ACT to amend the family court  act,  in  relation  to  the  custodial
          interrogation of juveniles by law enforcement
          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  his
    17  care]  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.
                                                                   LBD10989-01-9
        S. 4980                             2                            A. 6982
     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 or her first being taken to the police station house, to
     8  the family court located in the county in which the act occasioning  the
     9  taking  into  custody allegedly was committed, or, when the family court
    10  is not in session, to the most accessible magistrate, if any, designated
    11  by the appellate division of the supreme court in the applicable depart-
    12  ment to conduct a hearing under section 307.4 [of this part, unless  the
    13  officer  determines that it is necessary to question the child, in which
    14  case he or she may take the child to a facility designated by the  chief
    15  administrator  of  the courts as a suitable place for the questioning of
    16  children or, upon the consent  of  a  parent  or  other  person  legally
    17  responsible  for  the  care  of  the child, to the child's residence and
    18  there question him or her for a reasonable period of time]; or
    19    § 4. Paragraph (c) of subdivision 4 of section  305.2  of  the  family
    20  court  act,  as amended by section 3 of part G of chapter 58 of the laws
    21  of 2010, is amended to read as follows:
    22    (c) when the officer does not release the child pursuant to  paragraph
    23  (a)  of  this  subdivision,  or  take  the child to family court or to a
    24  magistrate pursuant to paragraph (b) of this subdivision, take the child
    25  to a place certified by the office of children and family services as  a
    26  juvenile detention facility for the reception of children; or
    27    §  5.  Subdivision  5  of  section  305.2  of the family court act, as
    28  amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
    29  follows:
    30    5.  If  such  child has allegedly committed a designated felony act as
    31  defined in subdivision eight of section 301.2, and the family  court  in
    32  the  county  is  in  session, the officer shall forthwith take the child
    33  directly to such family court, unless the officer takes the child  to  a
    34  facility  for  questioning in accordance with [paragraph (b) of subdivi-
    35  sion four. If such child has not allegedly committed a designated felony
    36  act and such family court is in session, the officer shall either forth-
    37  with take the child directly to such family court,  unless  the  officer
    38  takes  the  child to a facility for questioning in accordance with para-
    39  graph (b) of subdivision four or release the child  in  accordance  with
    40  paragraph (a) of subdivision four] subdivision seven.
    41    §  6. Subdivision 6 of section 305.2 of the family court act, as added
    42  by chapter 920 of the laws of 1982, is amended to read as follows:
    43    6. [In all other cases] If such child has not  allegedly  committed  a
    44  designated  felony act, and in the absence of special circumstances, the
    45  officer shall release the child in  accordance  with  paragraph  (a)  of
    46  subdivision four.
    47    § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, as
    48  amended by chapter 398 of the laws of 1983, are amended and a new subdi-
    49  vision 10 is added to read as follows:
    50    7.   If the officer determines that questioning of the child is neces-
    51  sary prior to taking action authorized by subdivision four or five,  the
    52  officer  may take the child to a facility designated by the chief admin-
    53  istrator of the courts as a suitable place for the questioning of  chil-
    54  dren  or, upon the consent of a parent or other person legally responsi-
    55  ble for the care of the child,  to  the  child's  residence  and  there,
    56  subject  to  the  requirements of subdivision eight, question him or her
        S. 4980                             3                            A. 6982
     1  for a reasonable period of time. Questioning is necessary only when  the
     2  officer  reasonably  determines  that the child's life or health, or the
     3  life or health of another individual, is in imminent danger and that the
     4  child  may  have  information  that  would  assist the officer in taking
     5  protective action.
     6    8. A child shall not be questioned pursuant  to  this  section  unless
     7  [he] or until:
     8    (a)  the child and a person required to be notified pursuant to subdi-
     9  vision three if present, have been advised:
    10    [(a)] (i) of the child's right to remain silent;
    11    [(b)] (ii) that the statements made by the child  may  be  used  in  a
    12  court of law;
    13    [(c)]  (iii)  of the child's right to have an attorney present at such
    14  questioning; and
    15    [(d)] (iv) of the child's right to have an attorney provided  for  him
    16  or her without charge if he or she is indigent; and
    17    (b)  the  child  has  consulted with legal counsel in person, by tele-
    18  phone, or by video conference. This consultation may not be waived.
    19    [8.] 9. In determining the suitability of questioning and  determining
    20  the  reasonable period of time for questioning such a child, the child's
    21  age, the presence or absence of his or  her  parents  or  other  persons
    22  legally  responsible  for  his  or her care and notification pursuant to
    23  subdivision three shall be included among relevant considerations.
    24    10. In addition to statements that must be suppressed as involuntarily
    25  made within the definition in subdivision two of section 344.2, a state-
    26  ment shall be suppressed: when the child has not  consulted  with  legal
    27  counsel as required by paragraph (b) of subdivision eight; when a person
    28  notified pursuant to subdivision three, if present, has not been advised
    29  of  and  voluntarily  waived  the  rights delineated in paragraph (a) of
    30  subdivision eight; or when the questioning of the child was  not  neces-
    31  sary within the definition in subdivision seven.
    32    § 8. This act shall take effect immediately.