assembly Bill A6982B

2019-2020 Legislative Session

Relates to procedures required for the custodial interrogation of children

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 14, 2020 print number 6982b
Jul 14, 2020 amend and recommit to children and families
Jan 08, 2020 referred to children and families
Jun 17, 2019 print number 6982a
Jun 17, 2019 amend (t) and recommit to children and families
Apr 03, 2019 referred to children and families

A6982 - Details

See Senate Version of this Bill:
S4980
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 724, Fam Ct Act; amd §§140.20, 140.27 & 140.40, CP L
Versions Introduced in 2021-2022 Legislative Session:
A5891, S2800

A6982 - Summary

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles into custody.

A6982 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4980                                                  A. 6982
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. BAILEY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Children  and
   Families
 
 IN  ASSEMBLY  -- Introduced by M. of A. JOYNER -- read once and referred
   to the Committee on Children and Families

 AN ACT to amend the family court  act,  in  relation  to  the  custodial
   interrogation of juveniles by law enforcement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 305.2 of the family court act,  as
 added by chapter 920 of the laws of 1982, is amended to read as follows:
   3. If an officer takes such child into custody or if a child is deliv-
 ered  to  him  OR  HER under section 305.1, he OR SHE shall immediately,
 BEFORE TRANSPORTING THE CHILD TO THE POLICE STATION  HOUSE,  notify  the
 parent  or  other person legally responsible for the child's care, or if
 such legally responsible person is unavailable the person with whom  the
 child resides, that the child has been taken into custody.
   §  2.  Paragraph  (a)  of subdivision 4 of section 305.2 of the family
 court act, as added by chapter 920 of the laws of 1982,  is  amended  to
 read as follows:
   (a)  WHEN  THE OFFICER REASONABLY BELIEVES SUCH PARENT OR OTHER PERSON
 LEGALLY RESPONSIBLE FOR THE CHILD'S CARE WILL APPEAR, TAKE THE CHILD  TO
 HIS OR HER HOME, THE STATION HOUSE, OR ANOTHER LOCATION AGREED UPON WITH
 THE  PARENT  OR PERSON LEGALLY RESPONSIBLE, AND release the child to the
 custody of [his parents or other  person  legally  responsible  for  his
 care]  SUCH PERSON upon the issuance in accordance with section 307.1 of
 a family court appearance ticket to the child and the  person  to  whose
 custody the child is released; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10989-01-9

Co-Sponsors

view additional co-sponsors

A6982A - Details

See Senate Version of this Bill:
S4980
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 724, Fam Ct Act; amd §§140.20, 140.27 & 140.40, CP L
Versions Introduced in 2021-2022 Legislative Session:
A5891, S2800

A6982A - Summary

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles into custody.

A6982A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6982--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on  Children  and  Families  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the family court act and the criminal procedure law,  in
   relation  to  the custodial interrogation of juveniles by law enforce-
   ment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 305.2 of the family court act, as
 added by chapter 920 of the laws of 1982, is amended to read as follows:
   3. If an officer takes such child into custody or if a child is deliv-
 ered to him OR HER under section 305.1, he  OR  SHE  shall  immediately,
 BEFORE  TRANSPORTING  THE  CHILD TO THE POLICE STATION HOUSE, notify the
 parent or other person legally responsible for the child's care,  or  if
 such  legally responsible person is unavailable the person with whom the
 child resides, that the child has been taken into custody.
   § 2. Paragraph (a) of subdivision 4 of section  305.2  of  the  family
 court  act,  as  added by chapter 920 of the laws of 1982, is amended to
 read as follows:
   (a) WHEN THE OFFICER REASONABLY BELIEVES SUCH PARENT OR  OTHER  PERSON
 LEGALLY  RESPONSIBLE FOR THE CHILD'S CARE WILL APPEAR, TAKE THE CHILD TO
 HIS OR HER HOME, THE STATION HOUSE, OR ANOTHER LOCATION AGREED UPON WITH
 THE PARENT OR PERSON LEGALLY RESPONSIBLE, AND release the child  to  the
 custody  of  [his  parents  or  other person legally responsible for his
 care] SUCH PERSON upon the issuance in accordance with section 307.1  of
 a  family  court  appearance ticket to the child and the person to whose
 custody the child is released; or
   § 3. Paragraph (b) of subdivision 4 of section  305.2  of  the  family
 court  act,  as  amended  by section 63 of part WWW of chapter 59 of the
 laws of 2017, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10989-02-9

Co-Sponsors

view additional co-sponsors

A6982B (ACTIVE) - Details

See Senate Version of this Bill:
S4980
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 724, Fam Ct Act; amd §§140.20, 140.27 & 140.40, CP L
Versions Introduced in 2021-2022 Legislative Session:
A5891, S2800

A6982B (ACTIVE) - Summary

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles into custody.

A6982B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6982--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced by M. of A. JOYNER, O'DONNELL, QUART, DINOWITZ, MOSLEY, CRUZ,
   EPSTEIN,  GOTTFRIED,  JAFFEE,  SIMOTAS, BLAKE, GLICK, SIMON, D'URSO --
   read once and referred to the Committee on Children  and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- recommitted to the Committee on Chil-
   dren and Families in accordance  with  Assembly  Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the family court act and the criminal procedure law,  in
   relation  to  the custodial interrogation of juveniles by law enforce-
   ment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 305.2 of the family court act, as
 added by chapter 920 of the laws of 1982, is amended to read as follows:
   3. If an officer takes such child into custody or if a child is deliv-
 ered to him OR HER under section 305.1, he  OR  SHE  shall  immediately,
 BEFORE  TRANSPORTING  THE  CHILD TO THE POLICE STATION HOUSE, notify the
 parent or other person legally responsible for the child's care,  or  if
 such  legally responsible person is unavailable the person with whom the
 child resides, that the child has been taken into custody.
   § 2. Paragraph (a) of subdivision 4 of section  305.2  of  the  family
 court  act,  as  added by chapter 920 of the laws of 1982, is amended to
 read as follows:
   (a) WHEN THE OFFICER REASONABLY BELIEVES SUCH PARENT OR  OTHER  PERSON
 LEGALLY  RESPONSIBLE FOR THE CHILD'S CARE WILL APPEAR, TAKE THE CHILD TO
 HIS OR HER HOME, THE STATION HOUSE, OR ANOTHER LOCATION AGREED UPON WITH
 THE PARENT OR PERSON LEGALLY RESPONSIBLE, AND release the child  to  the
 custody  of  [his  parents  or  other person legally responsible for his
 care] SUCH PERSON upon the issuance in accordance with section 307.1  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10989-04-0