S T A T E O F N E W Y O R K
________________________________________________________________________
9770--A
I N A S S E M B L Y
April 7, 2016
___________
Introduced by M. of A. HARRIS, LUPARDO, HUNTER, FAHY, JAFFEE, DenDEKKER
-- (at request of the Office of Court Administration) -- read once and
referred to the Committee on Children and Families -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the family court act, in relation to video recording of
interrogations of juveniles in juvenile delinquency proceedings in
family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 305.2 of the family court act, as
amended by chapter 398 of the laws of 1983, is amended and a new subdi-
vision 5-a is added to read as follows:
5-A. WHERE A CHILD IS SUBJECT TO INTERROGATION AT A FACILITY DESIG-
NATED BY THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR
THE QUESTIONING OF JUVENILES PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION, THE ENTIRE INTERROGATION, INCLUDING THE GIVING OF ANY REQUIRED
NOTICE TO THE CHILD AS TO HIS OR HER RIGHTS AND THE CHILD'S WAIVER OF
ANY RIGHTS, SHALL BE VIDEO RECORDED IN ACCORDANCE WITH STANDARDS ESTAB-
LISHED BY RULE OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE INTER-
ROGATION SHALL BE RECORDED IN A MANNER SUCH THAT THE PERSONS IN THE
RECORDING ARE IDENTIFIABLE AND THE SPEECH IS INTELLIGIBLE. A COPY OF THE
RECORDING SHALL BE SUBJECT TO DISCOVERY PURSUANT TO SECTION 331.2 OF
THIS ARTICLE.
8. In determining the suitability of questioning and determining the
reasonable period of time for questioning such a child, the child's age,
the presence or absence of his OR HER parents or other persons legally
responsible for his OR HER care [and], notification pursuant to subdivi-
sion three AND, WHERE THE CHILD HAS BEEN INTERROGATED AT A FACILITY
DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE
FOR THE QUESTIONING OF JUVENILES, WHETHER THE INTERROGATION WAS IN
COMPLIANCE WITH THE VIDEO-RECORDING AND DISCLOSURE REQUIREMENTS OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14130-02-6
A. 9770--A 2
SUBDIVISION FIVE-A OF THIS SECTION shall be included among relevant
considerations.
S 2. Subdivision 3 of section 344.2 of the family court act is renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
3. WHERE A CHILD IS SUBJECT TO INTERROGATION AT A FACILITY DESIGNATED
BY THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE
QUESTIONING OF JUVENILES PURSUANT TO SUBDIVISION FOUR OF SECTION 305.2
OF THIS ARTICLE, THE ENTIRE INTERROGATION, INCLUDING THE GIVING OF ANY
REQUIRED NOTICE TO THE CHILD AS TO HIS OR HER RIGHTS AND THE CHILD'S
WAIVER OF ANY RIGHTS, SHALL BE VIDEO RECORDED IN ACCORDANCE WITH STAND-
ARDS ESTABLISHED BY RULE OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
THE INTERROGATION SHALL BE RECORDED IN A MANNER SUCH THAT THE PERSONS IN
THE RECORDING ARE IDENTIFIABLE AND THE SPEECH IS INTELLIGIBLE. A COPY OF
THE RECORDING SHALL BE SUBJECT TO DISCOVERY PURSUANT TO SECTION 331.2 OF
THIS ARTICLE.
S 3. This act shall take effect on the first of November in the year
next succeeding the year in which this act shall have become a law and
shall apply only to confessions, admissions or other statements made on
or after such effective date; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed by the division of
criminal justice services on or before such effective date.