Bill Text: NY S04980 | 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 9-0)
Status: (Introduced - Dead) 2020-07-09 - PRINT NUMBER 4980B [S04980 Detail]
Download: New_York-2019-S04980-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 9-0)
Status: (Introduced - Dead) 2020-07-09 - PRINT NUMBER 4980B [S04980 Detail]
Download: New_York-2019-S04980-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4980--A Cal. No. 628 2019-2020 Regular Sessions IN SENATE April 3, 2019 ___________ Introduced by Sens. BAILEY, HOYLMAN, JACKSON, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10989-02-9S. 4980--A 2 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 the13officer determines that it is necessary to question the child, in which14case he or she may take the child to a facility designated by the chief15administrator of the courts as a suitable place for the questioning of16children or, upon the consent of a parent or other person legally17responsible for the care of the child, to the child's residence and18there 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-35sion four. If such child has not allegedly committed a designated felony36act and such family court is in session, the officer shall either forth-37with take the child directly to such family court, unless the officer38takes the child to a facility for questioning in accordance with para-39graph (b) of subdivision four or release the child in accordance with40paragraph (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 herS. 4980--A 3 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. Section 724 of the family court act, the section heading and 33 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980, 34 subdivision (a) as amended by chapter 920 of the laws of 1982, para- 35 graphs (i), (ii), and (iv) of subdivision (b) as amended by section 4 of 36 part E of chapter 57 of the laws of 2005, paragraph (iii) of subdivision 37 (b) as amended by section 7 of part M of chapter 56 of the laws of 2017, 38 and subdivision (d) as added by chapter 809 of the laws of 1963, is 39 amended to read as follows: 40 § 724. Duties of police officer or peace officer after taking into 41 custody or on delivery by private person. (a) If a peace officer or a 42 police officer takes into custody or if a person is delivered to him 43 under section seven hundred twenty-three, the officer shall immediately, 44 before transporting the child to any other location, notify the parent 45 or other person legally responsible for his care, or the person with 46 whom he is domiciled, that he has been taken into custody. 47 (b) After making every reasonable effort to give notice under [para-48graph] subdivision (a) of this section, the officer shall 49 (i) when the officer reasonably believes such parent or other person 50 legally responsible for the child's care will appear, take the child to 51 his or her home, the police station house, or another location agreed 52 upon with the parent or person legally responsible, and release the 53 youth to the custody of [his or her parent or other] such person [legal-54ly responsible for his or her care] upon the written promise, without 55 security, of the person to whose custody the youth is released that he 56 or she will produce the youth before the lead agency designated pursuantS. 4980--A 4 1 to section seven hundred thirty-five of this article in that county at a 2 time and place specified in writing; or 3 (ii) when the officer reasonably believes such parent or other person 4 legally responsible for the child's care will appear for the child, 5 forthwith and with all reasonable speed take the youth directly, and 6 without first being taken to the police station house, to the designated 7 lead agency located in the county in which the act occasioning the 8 taking into custody allegedly was done[, unless the officer determines9that it is necessary to question the youth, in which case he or she may10take the youth to a facility designated by the chief administrator of11the courts as a suitable place for the questioning of youth or, upon the12consent of a parent or other person legally responsible for the care of13the youth, to the youth's residence and there question him or her for a14reasonable period of time]; or 15 (iii) take a youth in need of crisis intervention or respite services 16 to a runaway and homeless youth crisis services program or other 17 approved respite or crisis program; or 18 (iv) take the youth directly to the family court located in the county 19 in which the act occasioning the taking into custody was allegedly done, 20 provided that the officer affirms on the record that he or she attempted 21 to exercise the options identified in paragraphs (i), (ii) and (iii) of 22 this subdivision, was unable to exercise these options, and the reasons 23 therefor. 24 (c) In the absence of special circumstances, the officer shall release 25 the child in accord with paragraph [(b)] (i) of subdivision (b) of this 26 section. 27 (d) If the officer determines that questioning of the child is neces- 28 sary prior to taking action authorized by subdivision (b) of this 29 section, the officer may take the child to a facility designated by the 30 chief administrator of the courts as a suitable place for the question- 31 ing of children or, upon the consent of a parent or other person legally 32 responsible for the care of the child, to the child's residence and 33 there, subject to the requirements of subdivision (e) of this section, 34 question him or her for a reasonable period of time. Questioning is 35 necessary only when the officer reasonably determines that the child's 36 life or health, or the life or health of another individual, is in immi- 37 nent danger and that the child may have information that would assist 38 the officer in taking protective action. 39 (e) In determining the suitability of questioning and determining what 40 is a "reasonable period of time" for questioning a child, the child's 41 age [and], the presence or absence of his parents or other person legal- 42 ly responsible for his care and notification pursuant to subdivision (a) 43 of this section shall be included among the relevant considerations. 44 (f) No statement made to a peace officer or a police officer prior to 45 the commencement of a fact-finding hearing may be admitted into evidence 46 at a fact-finding hearing. 47 § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as 48 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 49 amended to read as follows: 50 6. (a) Upon arresting a juvenile offender or a person sixteen or 51 commencing October first, two thousand nineteen, seventeen years of age 52 without a warrant, the police officer shall immediately, before trans- 53 porting the child to the police station house, notify the parent or 54 other person legally responsible for his or her care or the person with 55 whom he or she is domiciled, that such juvenile offender or person hasS. 4980--A 5 1 been arrested, and the location of the facility where he or she [is2being] will be detained. 3 (b) If the officer determines that it is necessary to question a juve- 4 nile offender or such person, the officer must take him or her to a 5 facility designated by the chief administrator of the courts as a suit- 6 able place for the questioning of children or, upon the consent of a 7 parent or other person legally responsible for the care of the juvenile 8 or such person, to his or her residence and there, subject to the 9 requirements of paragraph (c) of this subdivision, question him or her 10 for a reasonable period of time. Questioning is necessary only when the 11 officer reasonably determined that the child's life or health, or the 12 life or health of another individual, is in imminent danger and that the 13 child may have information that would assist the officer in taking 14 protective action. 15 (c) A juvenile offender or such person shall not be questioned pursu- 16 ant to this section unless or until: 17 (i) he or she and a person required to be notified pursuant to para- 18 graph (a) of this subdivision, if present, have been advised: 19 [(a)] (A) of the juvenile offender's or such person's right to remain 20 silent; 21 [(b)] (B) that the statements made by him or her may be used in a 22 court of law; 23 [(c)] (C) of his or her right to have an attorney present at such 24 questioning; and 25 [(d)] (D) of his or her right to have an attorney provided for him or 26 her without charge if he or she is unable to afford counsel[.]; and 27 (ii) the juvenile offender or such person has consulted with an attor- 28 ney in person, by telephone, or by video conference. This consultation 29 may not be waived. 30 (d) In determining the suitability of questioning and determining the 31 reasonable period of time for questioning such a juvenile offender or 32 person, his or her age, the presence or absence of his or her parents or 33 other persons legally responsible for his or her care and notification 34 pursuant to paragraph (a) of this subdivision shall be included among 35 relevant considerations. 36 (e) In addition to statements that must be suppressed as involuntarily 37 made within the definition in subdivision two of section 60.45 of this 38 chapter, a statement shall be suppressed: when the child has not 39 consulted with an attorney as required by paragraph (c) of this subdivi- 40 sion; when a person notified pursuant to paragraph (a) of this subdivi- 41 sion, if present, has not been advised of and voluntarily waived the 42 rights delineated in paragraph (c) of this subdivision; or when the 43 questioning of the child was not necessary within the definition in 44 paragraph (b) of this subdivision. 45 § 10. Subdivision 5 of section 140.27 of the criminal procedure law, 46 as amended by section 23 of part WWW of chapter 59 of the laws of 2017, 47 is amended to read as follows: 48 5. (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 peace 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.S. 4980--A 6 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 a juvenile 6 offender or such person, to his or her residence and there, subject to 7 the requirements of paragraph (c) of this subdivision, question him or 8 her for a reasonable period of time. Questioning is necessary only when 9 the officer reasonably determines that the child's life or health, or 10 the life or health of another individual, is in imminent danger and that 11 the 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) the juvenile offender or such person and a person required to be 16 notified pursuant to paragraph (a) of this subdivision, if present, have 17 been advised: 18 [(a)] (A) of his or her right to remain silent; 19 [(b)] (B) that the statements made by the juvenile offender or such 20 person may be used in a 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 such person, his or her age, the presence or absence of his or her 31 parents or other persons legally responsible for his or her care and 32 notification pursuant to paragraph (a) of this subdivision shall be 33 included among 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 § 11. Subdivision 5 of section 140.40 of the criminal procedure law, 44 as amended by section 24 of part WWW of chapter 59 of the laws of 2017, 45 is amended to read as follows: 46 5. (a) If a police officer takes an arrested juvenile offender or a 47 person sixteen or commencing October first, two [thosuand] thousand 48 nineteen, seventeen years of age into custody, the police officer shall 49 immediately, before transporting the child to the police station house 50 notify the parent or other person legally responsible for his or her 51 care or the person with whom he or she is domiciled, that such juvenile 52 offender or person has been arrested, and the location of the facility 53 where he or she [is being] 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-S. 4980--A 7 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 the 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 the health of another individual, is in imminent danger and 8 that the child may have information that would assist the officer in 9 taking 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) he or she and a person required to be notified pursuant to para- 13 graph (a) of this subdivision, if present, have been advised: 14 [(a)] (A) of his or her right to remain silent; 15 [(b)] (B) that the statements made by the juvenile offender or such 16 person may be used in a court of law; 17 [(c)] (C) of his or her right to have an attorney present at such 18 questioning; and 19 [(d)] (D) of his or her right to have an attorney provided for him or 20 her without charge if he or she is unable to afford counsel. 21 (d) In determining the suitability of questioning and determining the 22 reasonable period of time for questioning such a juvenile offender or 23 such person, his or her age, the presence or absence of his or her 24 parents or other persons legally responsible for his or her care and 25 notification pursuant to paragraph (a) of this subdivision shall be 26 included among relevant considerations. 27 (e) In addition to statements that must be suppressed as involuntarily 28 made within the definition in subdivision two of section 60.45 of this 29 chapter, a statement shall be suppressed: when the child has not 30 consulted with an attorney as required by paragraph (c) of this subdivi- 31 sion; when a person notified pursuant to paragraph (a) of this subdivi- 32 sion, if present, has not been advised of and voluntarily waived the 33 rights delineated in paragraph (c) of this subdivision; or when the 34 questioning of the child was not necessary within the definition in 35 paragraph (b) of this subdivision. 36 § 12. This act shall take effect April 1, 2020; provided, however, 37 that the amendments to subdivision 6 of section 140.20, subdivision 5 of 38 section 140.27, and subdivision 5 of section 140.40 of the criminal 39 procedure law made by sections nine, ten, and eleven of this act shall 40 take effect on the same date and in the same manner as subdivision b of 41 section 106 of part WWW of chapter 59 of the laws of 2017, takes effect.
