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Assembly Bill A8252

2021-2022 Legislative Session

Relates to admissibility of statements obtained from persons under the age of eighteen by means of deception

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Archive: Last Bill Status - In Assembly Committee

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2021-A8252 (ACTIVE) - Details

See Senate Version of this Bill:
S7262
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.45, CP L; amd §344.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2023-2024: A543, S4205
2025-2026: S6646

2021-A8252 (ACTIVE) - Summary

Provides that statements made by minor defendants as a result of deception by law enforcement during custodial interrogation are inadmissible.

2021-A8252 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8252
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to admissibility of statements obtained  from  persons  under
   eighteen years of age by means of deception

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 60.45 of the criminal procedure law is  amended  by
 adding a new subdivision 2-a to read as follows:
   2-A. (A) A CONFESSION, ADMISSION OR OTHER STATEMENT BY A DEFENDANT WHO
 IS  UNDER  EIGHTEEN  YEARS  OF AGE SHALL BE PRESUMED TO BE INVOLUNTARILY
 MADE WHEN IT IS OBTAINED WHILE SUCH DEFENDANT IS THE SUBJECT  OF  CUSTO-
 DIAL INTERROGATION:
   (I)  CONDUCTED BY A PUBLIC SERVANT AT A DETENTION FACILITY, AS DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION; AND
   (II) A PUBLIC SERVANT  KNOWINGLY  ENGAGES  IN  DECEPTION  DURING  SUCH
 CUSTODIAL INTERROGATION.
   (B)  AS USED IN THIS SUBDIVISION, "DECEPTION" MEANS THE KNOWING COMMU-
 NICATION OF  FALSE  FACTS  ABOUT  EVIDENCE  OR  UNAUTHORIZED  STATEMENTS
 REGARDING  LENIENCY  MADE  TO  A  RESPONDENT BY A PUBLIC SERVANT FOR THE
 PURPOSE OF ELICITING AN INCRIMINATING RESPONSE FROM SUCH RESPONDENT.
   (C) THE PRESUMPTION UNDER PARAGRAPH (A) OF  THIS  SUBDIVISION  MAY  BE
 OVERCOME  BY A PREPONDERANCE OF THE EVIDENCE THAT THE CONFESSION, ADMIS-
 SION OR OTHER STATEMENT WAS VOLUNTARILY GIVEN, PROVIDED THAT THE  BURDEN
 OF PROOF IN ANY HEARING PURSUANT TO THIS SUBDIVISION SHALL REST UPON THE
 PEOPLE.
   §  2. Section 344.2 of the family court act is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. (A) A CONFESSION, ADMISSION OR OTHER STATEMENT  BY  A  RESPONDENT
 WHO  IS LESS THAN EIGHTEEN YEARS OF AGE SHALL BE PRESUMED TO BE INVOLUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11763-01-1

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