Assembly Bill A1629

2017-2018 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

download bill text pdf

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Archive: Last Bill Status - Stricken


  • 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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2017-A1629 (ACTIVE) - Details

See Senate Version of this Bill:
S3577
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §60.45, CP L; amd §344.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2015-2016: A9338, S6754
2019-2020: S3193
2021-2022: S1193
2023-2024: S476

2017-A1629 (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.

2017-A1629 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1629
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred 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?".
   § 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.
                                                            LBD04036-01-7
              

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