Assembly Bill A7690

                            
 
                     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
              

 A. 7690                             2
 
 SUBDIVISION  FIVE-A  OF  THIS  SECTION  shall be included among relevant
 considerations.
   §  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. WHERE A CHILD IS SUBJECT TO INTERROGATION AT A FACILITY  DESIGNATED
 BY  THE  CHIEF  ADMINISTRATOR  OF THE COURTS AS A SUITABLE PLACE FOR THE
 QUESTIONING OF JUVENILES PURSUANT TO SUBDIVISION FOUR OF  SECTION  305.2
 OF  THIS  ARTICLE, 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 STAND-
 ARDS 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.
   §  3.  This act shall take effect on the first of November in the year
 next succeeding the year in which this act shall have become a  law  and
 shall  apply only to confessions, admissions or other statements made on
 or after such effective date; provided, however,  that  effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made and  completed  by  the  division  of
 criminal justice services on or before such effective date.