Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 17, 2016 |
recommitted to rules |
Jun 08, 2016 |
ordered to third reading cal.1576 committee discharged and committed to rules |
Jun 07, 2016 |
print number 7082a |
Jun 07, 2016 |
amend (t) and recommit to finance |
Apr 12, 2016 |
reported and committed to finance |
Mar 23, 2016 |
referred to children and families |
Senate Bill S7082A
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2015-S7082 - Details
- See Assembly Version of this Bill:
- A9770
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§305.2 & 344.2, Fam Ct Act
- Versions Introduced in 2017-2018 Legislative Session:
-
S4764, A7690
2015-S7082 - Sponsor Memo
BILL NUMBER: S7082 TITLE OF BILL : An act to amend the family court act, in relation to video recording of custodial interrogations of juveniles in juvenile delinquency proceedings in family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court and Rules Advisory Committee. With the increasing recognition of the value of video recording of statements of the accused in enhancing the accuracy and reliability of criminal proceedings and with the proliferation of inexpensive recording technology, there has been a growing national consensus in favor of recording interrogations. Coupled with the advancing knowledge regarding the still-developing adolescent brain, the consensus has been particularly strong with respect to interrogations of youth. We, therefore, now propose a measure requiring video recording of all custodial interrogations of accused juvenile delinquents where such interrogations take place in law enforcement facilities approved for the questioning of youth. This measure amends sections 305.2 and 344.2 of the Family Court Act to require video recording of entire custodial interrogations of juveniles, including the provision of Miranda warnings and the waiver, if any, of rights by the juveniles. The requirement applies to
2015-S7082 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7082 I N S E N A T E March 23, 2016 ___________ Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, in relation to video recording of custodial 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 RESPONDENT IS SUBJECT TO CUSTODIAL INTERROGATION BY A POLICE OR PEACE OFFICER AT A FACILITY DESIGNATED BY THE CHIEF ADMINIS- TRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF JUVE- NILES PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE ENTIRE CUSTODIAL INTERROGATION, INCLUDING THE GIVING OF ANY REQUIRED NOTICE TO THE RESPONDENT AS TO HIS OR HER RIGHTS AND RESPONDENT'S WAIVER OF ANY RIGHTS, SHALL BE VIDEO RECORDED IN ACCORDANCE WITH STANDARDS 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. 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 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2015-S7082A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9770
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§305.2 & 344.2, Fam Ct Act
- Versions Introduced in 2017-2018 Legislative Session:
-
S4764, A7690
2015-S7082A (ACTIVE) - Sponsor Memo
BILL NUMBER: S7082A TITLE OF BILL : An act to amend the family court act, in relation to video recording of interrogations of juveniles in juvenile delinquency proceedings in family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court and Rules Advisory Committee. With the increasing recognition of the value of video recording of statements of the accused in enhancing the accuracy and reliability of criminal proceedings and with the proliferation of inexpensive recording technology, there has been a growing national consensus in favor of recording interrogations. Coupled with the advancing knowledge regarding the still-developing adolescent brain, the consensus has been particularly strong with respect to interrogations of youth. We, therefore, now propose a measure requiring video recording of all interrogations of accused juvenile delinquents where such interrogations take place in law enforcement facilities approved for the questioning of youth. This measure amends sections 305.2 and 344.2 of the Family Court Act to require video recording of entire interrogations of juveniles,
2015-S7082A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7082--A I N S E N A T E March 23, 2016 ___________ Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favor- ably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD14130-03-6
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