Assembly Bill A7690

2017-2018 Legislative Session

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

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-A7690 (ACTIVE) - Details

Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 344.2, Fam Ct Act
Versions Introduced in 2015-2016 Legislative Session:
A9770

2017-A7690 (ACTIVE) - Summary

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

2017-A7690 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7690
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2017
                                ___________
 
 Introduced  by  M.  of A. HARRIS, JAFFEE -- (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
   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.
                                                            LBD01707-02-7
              

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