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Assembly Bill A1029

2009-2010 Legislative Session

Requires a parent, law guardian or person legally responsible for a minor to be present during questioning by a peace or police officer

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A1029 - Details

Current Committee:
Assembly Codes
Versions Introduced in Other Legislative Sessions:
2011-2012: A989
2013-2014: A6630
2015-2016: A883
2017-2018: A4910
2019-2020: A633
2021-2022: A1305
2023-2024: A764
2025-2026: A1955

2009-A1029 - Summary

Requires a parent or other person legally responsible for a minor and the law guardian appointed pursuant to law to be present during questioning by a peace or police officer.

2009-A1029 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 390                                                   A. 1029

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and  when  printed  to  be  committed  to the Committee on Social
  Services, Children and Families

IN ASSEMBLY -- Introduced by M. of A. McENENY, EDDINGTON  --  read  once
  and referred to the Committee on Children and Families

AN  ACT  to  amend the family court act, in relation to questioning of a
  minor by peace or police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 305.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  3. If an officer takes such child into custody or if a child is deliv-
ered to him OR HER under section 305.1,  he  OR  SHE  shall  immediately
notify  the  parent, or other person legally responsible for the child's
care, or if such legally responsible person is  unavailable  the  person
with  whom  the child resides,  AND THE LAW GUARDIAN, IF ONE HAS  PREVI-
OUSLY BEEN APPOINTED, PURSUANT TO SECTION TWO HUNDRED FORTY-NINE OF THIS
CHAPTER, that the child has been taken into custody.
  S 2. Subdivision 7 of section  305.2  of  the  family  court  act,  as
amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
follows:
  7. A child shall not be questioned pursuant to this section unless  he
OR  SHE  and [a person]   THE PEOPLE required to be notified pursuant to
subdivision three [if] ARE present, AND have been advised:
  (a) of the child's right to remain silent;
  (b) that the statements made by the child may be used in  a  court  of
law;
  (c) of the child's right to have an attorney present at such question-
ing; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

2009-A1029A (ACTIVE) - Details

Current Committee:
Assembly Codes
Versions Introduced in Other Legislative Sessions:
2011-2012: A989
2013-2014: A6630
2015-2016: A883
2017-2018: A4910
2019-2020: A633
2021-2022: A1305
2023-2024: A764
2025-2026: A1955

2009-A1029A (ACTIVE) - Summary

Requires a parent or other person legally responsible for a minor and the law guardian appointed pursuant to law to be present during questioning by a peace or police officer.

2009-A1029A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 390--A                                             A. 1029--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Children and
  Families -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

IN  ASSEMBLY  --  Introduced by M. of A. McENENY, EDDINGTON -- 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, in relation to questioning of a
  minor by peace or police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 305.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  3. If an officer takes such child into custody or if a child is deliv-
ered to him OR HER under section 305.1,  he  OR  SHE  shall  immediately
notify THE FOLLOWING PERSONS THAT THE CHILD HAS BEEN TAKEN INTO CUSTODY:
(A)  the  parent,  or  other  person legally responsible for the child's
care, or if such legally responsible person is  unavailable  the  person
with  whom the child resides, [that the child has been taken into custo-
dy]  AND (B) IF KNOWN BY THE OFFICER, THE LAW GUARDIAN FOR THE CHILD, IF
ONE HAS PREVIOUSLY  BEEN  APPOINTED  PURSUANT  TO  SECTION  TWO  HUNDRED
FORTY-NINE OF THIS CHAPTER.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00957-02-9

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