Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 13, 2018 |
reported and committed to finance |
Feb 06, 2018 |
print number 4764a |
Feb 06, 2018 |
amend and recommit to children and families |
Jan 03, 2018 |
referred to children and families |
Jun 21, 2017 |
committed to rules |
May 15, 2017 |
advanced to third reading |
May 10, 2017 |
2nd report cal. |
May 09, 2017 |
1st report cal.898 |
Mar 21, 2017 |
reported and committed to finance |
Feb 27, 2017 |
referred to children and families |
Senate Bill S4764A
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- 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
Actions
Votes
Bill Amendments
2017-S4764 - Details
- Current Committee:
- Senate Finance
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§305.2 & 344.2, Fam Ct Act
- Versions Introduced in 2015-2016 Legislative Session:
-
S7082
2017-S4764 - Sponsor Memo
BILL NUMBER: S4764 TITLE OF BILL : An act to amend the family court act, in relation to video recording of interrogations of juveniles in juvenile delinquency proceedings in family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court and Rules Advisory Committee. With the increasing recognition of the value of video recording the statements of an accused in enhancing the accuracy and reliability of criminal proceedings and with proliferation of inexpensive recording technology, there has been a growing national consensus in favor of recording interrogations. Coupled with the advancing knowledge regarding the still-developing adolescent brain, the consensus has been particularly strong with respect to interrogations of youth. We, therefore, propose this measure to require video recording of all interrogations of accused juvenile delinquents where such interrogations take place in law enforcement facilities approved for the questioning of youth. This measure amends sections 305.2 and 344.2 of the Family Court Act to require video recording of entire interrogations of juveniles,
2017-S4764 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4764 2017-2018 Regular Sessions I N S E N A T E February 27, 2017 ___________ Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed 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
2017-S4764A (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§305.2 & 344.2, Fam Ct Act
- Versions Introduced in 2015-2016 Legislative Session:
-
S7082
2017-S4764A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4764A SPONSOR: AVELLA TITLE OF BILL: An act to amend the family court act, in relation to video recording of interrogations of juveniles in juvenile delinquency proceedings in fami- ly court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court and Rules Advisory Committee. With increasing recognition of the value of video recording the state- ments of an accused in enhancing the accuracy and reliability of crimi- nal proceedings, and with proliferation of inexpensive recording tech- nology, there has been a growing national consensus in favor of recording interrogations. Coupled with advancing knowledge regarding the still-developing adolescent brain, the consensus has been particularly strong for interrogations of youth. We, therefore, propose this measure to require video recording of all interrogations of accused juvenile
2017-S4764A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4764--A 2017-2018 Regular Sessions I N S E N A T E February 27, 2017 ___________ Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 PURSUANT TO PARAGRAPH (E) OF SUBDIVISION THREE OF SECTION 60.45 OF THE CRIMINAL PROCEDURE LAW. THE INTERROGATION SHALL BE RECORDED IN A MANNER SUCH THAT THE PERSONS IN THE RECORDING ARE IDENTIFIABLE AND THE SPEECH IS INTELLI- GIBLE. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.