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Assembly Bill A8496

2009-2010 Legislative Session

Requires custodial interrogations of children to be recorded through audiovisual means

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Archive: Last Bill Status - In Assembly Committee

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2009-A8496 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Family Court Act
Laws Affected:
Amd ยง305.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:
A1757

2009-A8496 (ACTIVE) - Summary

Requires custodial interrogations of children to be recorded through audiovisual means.

2009-A8496 (ACTIVE) - Bill Text download pdf 

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

                                  8496

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  family  court act, in relation to the custodial
  interrogation of a child

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

  Section  1. Subdivisions 5, 6, 7, and 8 of section 305.2 of the family
court act are renumbered subdivisions 6, 7, 8, and 9 and a new  subdivi-
sion 5 is added to read as follows:
  5.  ANY CUSTODIAL INTERROGATION OF A CHILD AT A FACILITY DESIGNATED BY
THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUES-
TIONING  OF  CHILDREN  SHALL  BE RECORDED AUDIOVISUALLY IN ITS ENTIRETY,
INCLUDING ANY NOTIFICATION AND WAIVER OF RIGHTS REQUIRED BY  SUBDIVISION
EIGHT  OF  THIS  SECTION OR THE CONSTITUTION OF THE UNITED STATES OR THE
CONSTITUTION OF THE STATE OF NEW YORK, AND IN A  MANNER  SUCH  THAT  THE
PERSONS  DEPICTED  IN  THE  RECORDING  ARE  IDENTIFIABLE  AND THE SPEECH
RECORDED IS INTELLIGIBLE. A STATEMENT BY A CHILD DURING  SUCH  CUSTODIAL
INTERROGATION  MAY  BE  ADMITTED  IN  ANY  PROCEEDING AS DIRECT EVIDENCE
AGAINST THE CHILD ONLY WHEN THE  AUDIOVISUAL  RECORDING  OF  THE  ENTIRE
CUSTODIAL  INTERROGATION  DURING  WHICH  THE  STATEMENT  WAS  MADE, OR A
COMPLETE COPY OF THAT RECORDING, HAS BEEN PROVIDED TO THE CHILD AND  HIS
OR  HER PARENT OR GUARDIAN, IF PRESENT, UNLESS THE AUDIOVISUAL RECORDING
AND ALL COPIES THEREOF ARE  UNAVAILABLE  DUE  TO  EXTRAORDINARY  CIRCUM-
STANCES  BEYOND  THE  CONTROL  OF  THE  PRESENTMENT  AGENCY  AND THE LAW
ENFORCEMENT AUTHORITIES WHO CONDUCTED THE CUSTODIAL INTERROGATION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11822-01-9

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