Assembly Bill A9770A

2015-2016 Legislative Session

Relates to requiring the video recording of interrogations of juveniles in juvenile delinquency proceedings in family court

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Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • 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

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Bill Amendments

co-Sponsors

2015-A9770 - Details

See Senate Version of this Bill:
S7082
Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 344.2, Fam Ct Act
Versions Introduced in 2017-2018 Legislative Session:
A7690, S4764

2015-A9770 - Summary

Relates to requiring the video recording of interrogations of juveniles in juvenile delinquency proceedings in family court.

2015-A9770 - Bill Text download pdf 

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

                                  9770

                          I N  A S S E M B L Y

                              April 7, 2016
                               ___________

Introduced  by  M. of A. HARRIS, LUPARDO -- (at request of the Office of
  Court Administration) -- read once and referred 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.

co-Sponsors

2015-A9770A (ACTIVE) - Details

See Senate Version of this Bill:
S7082
Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 344.2, Fam Ct Act
Versions Introduced in 2017-2018 Legislative Session:
A7690, S4764

2015-A9770A (ACTIVE) - Summary

Relates to requiring the video recording of interrogations of juveniles in juvenile delinquency proceedings in family court.

2015-A9770A (ACTIVE) - Bill Text download pdf 

                            
                    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

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