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Senate Bill S6754

2015-2016 Legislative Session

Requires police to advise persons under 18 years of age to their rights to silence and to any attorney before any custodial interrogation

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-S6754 (ACTIVE) - Details

See Assembly Version of this Bill:
A9338
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.45, CP L; amd §344.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2017-2018: S3577, A1629
2019-2020: S3193
2021-2022: S1193
2023-2024: S476

2015-S6754 (ACTIVE) - Summary

Requires police to advise persons under 18 years of age of their rights to silence and to an attorney before any custodial interrogation.

2015-S6754 (ACTIVE) - Sponsor Memo

2015-S6754 (ACTIVE) - Bill Text download pdf 

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

                                  6754

                            I N  S E N A T E

                            February 16, 2016
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation  to  requiring  law enforcement authorities to advise persons
  under the age of eighteen years of certain rights  when  such  persons
  are questioned while in custody

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

  Section 1. Section 60.45 of the criminal procedure law is  amended  by
adding a new subdivision 3 to read as follows:
  3.  A CONFESSION, ADMISSION OR OTHER STATEMENT IS "INVOLUNTARILY MADE"
BY A DEFENDANT, WHO IS UNDER EIGHTEEN YEARS OF AGE, WHEN IT IS  OBTAINED
FROM  HIM OR HER WHILE HE OR SHE IS SUBJECT TO A CUSTODIAL INTERROGATION
BY A PUBLIC SERVANT ENGAGED IN LAW ENFORCEMENT ACTIVITY, PRIOR  TO  SUCH
PUBLIC SERVANT:
  (A)  CONTINUOUSLY  READING, IN ITS ENTIRETY, TO THE DEFENDANT, WITHOUT
STOPPING FOR PURPOSES OF A RESPONSE  FROM  THE  DEFENDANT  OR  VERIFYING
COMPREHENSION, THE FOLLOWING STATEMENT:
  "YOU  HAVE  THE RIGHT TO REMAIN SILENT. THAT MEANS, YOU DO NOT HAVE TO
SAY ANYTHING. ANYTHING YOU SAY CAN BE USED AGAINST  YOU  IN  COURT.  YOU
HAVE  THE  RIGHT  TO GET HELP FROM A LAWYER. IF YOU CANNOT PAY A LAWYER,
THE COURT WILL GET YOU ONE FOR FREE. YOU HAVE THE  RIGHT  TO  STOP  THIS
INTERVIEW AT ANY TIME."; AND
  (B)  AFTER  READING  THE  STATEMENT  REQUIRED BY PARAGRAPH (A) OF THIS
SUBDIVISION, ASKING THE DEFENDANT THE FOLLOWING  QUESTIONS  AND  WAITING
FOR THE DEFENDANT'S RESPONSE THERETO FOR EACH QUESTION:
  "DO YOU WANT TO TALK TO ME?
  DO YOU WANT TO HAVE A LAWYER?".
  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. A CONFESSION, ADMISSION OR OTHER STATEMENT IS "INVOLUNTARILY  MADE"
BY  A  RESPONDENT WHEN IT IS OBTAINED FROM HIM OR HER WHILE HE OR SHE IS
SUBJECT TO A CUSTODIAL INTERROGATION BY A PUBLIC SERVANT ENGAGED IN  LAW
ENFORCEMENT ACTIVITY, PRIOR TO SUCH PUBLIC SERVANT:

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

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