NY State Assembly Bill 2019-A6982B

Archive: Last Bill Status - In Assembly 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

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Actions

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Date of Action	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

Bill Amendments

Original

B (Active)

2019-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 Other Legislative Sessions:: 2021-2022: A5891, S2800
2023-2024: A1963, A8923, S1099
2025-2026: A2620, S878

2019-A6982 - Summary

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

2019-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

 S. 4980                             2                            A. 6982
 
   §  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:
   (b)  WHEN  THE OFFICER DOES NOT REASONABLY BELIEVE THE PARENT OR OTHER
 PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S  CARE  WILL  APPEAR  FOR  THE
 CHILD,  forthwith and with all reasonable speed take the child directly,
 and without his OR HER first being taken to the police station house, to
 the family court located in the county in which the act occasioning  the
 taking  into  custody allegedly was committed, or, when the family court
 is not in session, to the most accessible magistrate, if any, designated
 by the appellate division of the supreme court in the applicable depart-
 ment to conduct a hearing under section 307.4 [of this part, unless  the
 officer  determines that it is necessary to question the child, in which
 case he or she may take the child to a facility designated by the  chief
 administrator  of  the courts as a suitable place for the questioning of
 children or, upon the consent  of  a  parent  or  other  person  legally
 responsible  for  the  care  of  the child, to the child's residence and
 there question him or her for a reasonable period of time]; or
   § 4. Paragraph (c) of subdivision 4 of section  305.2  of  the  family
 court  act,  as amended by section 3 of part G of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (c) WHEN THE OFFICER DOES NOT RELEASE THE CHILD PURSUANT TO  PARAGRAPH
 (A)  OF  THIS  SUBDIVISION,  OR  TAKE  THE CHILD TO FAMILY COURT OR TO A
 MAGISTRATE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, take the child
 to a place certified by the office of children and family services as  a
 juvenile detention facility for the reception of children; or
   §  5.  Subdivision  5  of  section  305.2  of the family court act, as
 amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
 follows:
   5.  If  such  child has allegedly committed a designated felony act as
 defined in subdivision eight of section 301.2, and the family  court  in
 the  county  is  in  session, the officer shall forthwith take the child
 directly to such family court, unless the officer takes the child  to  a
 facility  for  questioning in accordance with [paragraph (b) of subdivi-
 sion four. If such child has not allegedly committed a designated felony
 act and such family court is in session, the officer shall either forth-
 with take the child directly to such family court,  unless  the  officer
 takes  the  child to a facility for questioning in accordance with para-
 graph (b) of subdivision four or release the child  in  accordance  with
 paragraph (a) of subdivision four] SUBDIVISION SEVEN.
   §  6. Subdivision 6 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:
   6. [In all other cases] IF SUCH CHILD HAS NOT  ALLEGEDLY  COMMITTED  A
 DESIGNATED  FELONY ACT, and in the absence of special circumstances, the
 officer shall release the child in  accordance  with  paragraph  (a)  of
 subdivision four.
   § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, as
 amended by chapter 398 of the laws of 1983, are amended and a new subdi-
 vision 10 is added to read as follows:
   7.   IF THE OFFICER DETERMINES THAT QUESTIONING OF THE CHILD IS NECES-
 SARY PRIOR TO TAKING ACTION AUTHORIZED BY SUBDIVISION FOUR OR FIVE,  THE
 OFFICER  MAY TAKE THE CHILD TO A FACILITY DESIGNATED BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF  CHIL-
 DREN  OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSI-
 BLE FOR THE CARE OF THE CHILD,  TO  THE  CHILD'S  RESIDENCE  AND  THERE,
 SUBJECT  TO  THE  REQUIREMENTS OF SUBDIVISION EIGHT, QUESTION HIM OR HER

 S. 4980                             3                            A. 6982
 
 FOR A REASONABLE PERIOD OF TIME. QUESTIONING IS NECESSARY ONLY WHEN  THE
 OFFICER  REASONABLY  DETERMINES  THAT THE CHILD'S LIFE OR HEALTH, OR THE
 LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND THAT THE
 CHILD  MAY  HAVE  INFORMATION  THAT  WOULD  ASSIST THE OFFICER IN TAKING
 PROTECTIVE ACTION.
   8. A child shall not be questioned pursuant  to  this  section  unless
 [he] OR UNTIL:
   (A)  THE CHILD and a person required to be notified pursuant to subdi-
 vision three if present, have been advised:
   [(a)] (I) of the child's right to remain silent;
   [(b)] (II) that the statements made by the child  may  be  used  in  a
 court of law;
   [(c)]  (III)  of the child's right to have an attorney present at such
 questioning; and
   [(d)] (IV) of the child's right to have an attorney provided  for  him
 OR HER without charge if he OR SHE is indigent; AND
   (B)  THE  CHILD  HAS  CONSULTED WITH LEGAL COUNSEL IN PERSON, BY TELE-
 PHONE, OR BY VIDEO CONFERENCE. THIS CONSULTATION MAY NOT BE WAIVED.
   [8.] 9. 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
 subdivision three shall be included among relevant considerations.
   10. IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE WITHIN THE DEFINITION IN SUBDIVISION TWO OF SECTION 344.2, A STATE-
 MENT SHALL BE SUPPRESSED: WHEN THE CHILD HAS NOT  CONSULTED  WITH  LEGAL
 COUNSEL AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION EIGHT; WHEN A PERSON
 NOTIFIED PURSUANT TO SUBDIVISION THREE, IF PRESENT, HAS NOT BEEN ADVISED
 OF  AND  VOLUNTARILY  WAIVED  THE  RIGHTS DELINEATED IN PARAGRAPH (A) OF
 SUBDIVISION EIGHT; OR WHEN THE QUESTIONING OF THE CHILD WAS  NOT  NECES-
 SARY WITHIN THE DEFINITION IN SUBDIVISION SEVEN.
   § 8. This act shall take effect immediately.

co-Sponsors

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2019-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 Other Legislative Sessions:: 2021-2022: A5891, S2800
2023-2024: A1963, A8923, S1099
2025-2026: A2620, S878

2019-A6982A - Summary

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

2019-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

 A. 6982--A                          2
 
   (b) WHEN THE OFFICER DOES NOT REASONABLY BELIEVE THE PARENT  OR  OTHER
 PERSON  LEGALLY  RESPONSIBLE  FOR  THE  CHILD'S CARE WILL APPEAR FOR THE
 CHILD, forthwith and with all reasonable speed take the child  directly,
 and without his OR HER first being taken to the police station house, to
 the  family court located in the county in which the act occasioning the
 taking into custody allegedly was committed, or, when the  family  court
 is not in session, to the most accessible magistrate, if any, designated
 by the appellate division of the supreme court in the applicable depart-
 ment  to conduct a hearing under section 307.4 [of this part, unless the
 officer determines that it is necessary to question the child, in  which
 case  he or she may take the child to a facility designated by the chief
 administrator of the courts as a suitable place for the  questioning  of
 children  or,  upon  the  consent  of  a  parent or other person legally
 responsible for the care of the child,  to  the  child's  residence  and
 there question him or her for a reasonable period of time]; or
   §  4.  Paragraph  (c)  of subdivision 4 of section 305.2 of the family
 court act, as amended by section 3 of part G of chapter 58 of  the  laws
 of 2010, is amended to read as follows:
   (c)  WHEN THE OFFICER DOES NOT RELEASE THE CHILD PURSUANT TO PARAGRAPH
 (A) OF THIS SUBDIVISION, OR TAKE THE CHILD  TO  FAMILY  COURT  OR  TO  A
 MAGISTRATE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, take the child
 to  a place certified by the office of children and family services as a
 juvenile detention facility for the reception of children; or
   § 5. Subdivision 5 of section  305.2  of  the  family  court  act,  as
 amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
 follows:
   5. If such child has allegedly committed a designated  felony  act  as
 defined  in  subdivision eight of section 301.2, and the family court in
 the county is in session, the officer shall  forthwith  take  the  child
 directly  to  such family court, unless the officer takes the child to a
 facility for questioning in accordance with [paragraph (b)  of  subdivi-
 sion four. If such child has not allegedly committed a designated felony
 act and such family court is in session, the officer shall either forth-
 with  take  the  child directly to such family court, unless the officer
 takes the child to a facility for questioning in accordance  with  para-
 graph  (b)  of  subdivision four or release the child in accordance with
 paragraph (a) of subdivision four] SUBDIVISION SEVEN.
   § 6. Subdivision 6 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:
   6.  [In  all  other cases] IF SUCH CHILD HAS NOT ALLEGEDLY COMMITTED A
 DESIGNATED FELONY ACT, and in the absence of special circumstances,  the
 officer  shall  release  the  child  in accordance with paragraph (a) of
 subdivision four.
   § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, as
 amended by chapter 398 of the laws of 1983, are amended and a new subdi-
 vision 10 is added to read as follows:
   7.  IF THE OFFICER DETERMINES THAT QUESTIONING OF THE CHILD IS  NECES-
 SARY  PRIOR TO TAKING ACTION AUTHORIZED BY SUBDIVISION FOUR OR FIVE, THE
 OFFICER MAY TAKE THE CHILD TO A FACILITY DESIGNATED BY THE CHIEF  ADMIN-
 ISTRATOR  OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHIL-
 DREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY  RESPONSI-
 BLE  FOR  THE  CARE  OF  THE  CHILD, TO THE CHILD'S RESIDENCE AND THERE,
 SUBJECT TO THE REQUIREMENTS OF SUBDIVISION EIGHT, QUESTION  HIM  OR  HER
 FOR  A REASONABLE PERIOD OF TIME. QUESTIONING IS NECESSARY ONLY WHEN THE
 OFFICER REASONABLY DETERMINES THAT THE CHILD'S LIFE OR  HEALTH,  OR  THE
 LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND THAT THE

 A. 6982--A                          3
 
 CHILD  MAY  HAVE  INFORMATION  THAT  WOULD  ASSIST THE OFFICER IN TAKING
 PROTECTIVE ACTION.
   8.  A  child  shall  not be questioned pursuant to this section unless
 [he] OR UNTIL:
   (A) THE CHILD and a person required to be notified pursuant to  subdi-
 vision three if present, have been advised:
   [(a)] (I) of the child's right to remain silent;
   [(b)]  (II)  that  the  statements  made by the child may be used in a
 court of law;
   [(c)] (III) of the child's right to have an attorney present  at  such
 questioning; and
   [(d)]  (IV)  of the child's right to have an attorney provided for him
 OR HER without charge if he OR SHE is indigent; AND
   (B) THE CHILD HAS CONSULTED WITH LEGAL COUNSEL  IN  PERSON,  BY  TELE-
 PHONE, OR BY VIDEO CONFERENCE. THIS CONSULTATION MAY NOT BE WAIVED.
   [8.]  9. 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
 subdivision three shall be included among relevant considerations.
   10. IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE WITHIN THE DEFINITION IN SUBDIVISION TWO OF SECTION 344.2, A STATE-
 MENT  SHALL  BE  SUPPRESSED: WHEN THE CHILD HAS NOT CONSULTED WITH LEGAL
 COUNSEL AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION EIGHT; WHEN A PERSON
 NOTIFIED PURSUANT TO SUBDIVISION THREE, IF PRESENT, HAS NOT BEEN ADVISED
 OF AND VOLUNTARILY WAIVED THE RIGHTS  DELINEATED  IN  PARAGRAPH  (A)  OF
 SUBDIVISION  EIGHT;  OR WHEN THE QUESTIONING OF THE CHILD WAS NOT NECES-
 SARY WITHIN THE DEFINITION IN SUBDIVISION SEVEN.
   § 8. Section 724 of the family court  act,  the  section  heading  and
 subdivisions  (b) and (c) as amended by chapter 843 of the laws of 1980,
 subdivision (a) as amended by chapter 920 of the  laws  of  1982,  para-
 graphs (i), (ii), and (iv) of subdivision (b) as amended by section 4 of
 part E of chapter 57 of the laws of 2005, paragraph (iii) of subdivision
 (b) as amended by section 7 of part M of chapter 56 of the laws of 2017,
 and  subdivision  (d)  as  added  by chapter 809 of the laws of 1963, is
 amended to read as follows:
   § 724. Duties of police officer or peace  officer  after  taking  into
 custody  or  on  delivery by private person. (a) If a peace officer or a
 police officer takes into custody or if a person  is  delivered  to  him
 under section seven hundred twenty-three, the officer shall immediately,
 BEFORE  TRANSPORTING  THE CHILD TO ANY OTHER LOCATION, notify the parent
 or other person legally responsible for his care,  or  the  person  with
 whom he is domiciled, that he has been taken into custody.
   (b)  After  making every reasonable effort to give notice under [para-
 graph] SUBDIVISION (a) OF THIS SECTION, the officer shall
   (i) 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 POLICE STATION HOUSE, OR  ANOTHER  LOCATION  AGREED
 UPON  WITH  THE  PARENT  OR  PERSON LEGALLY RESPONSIBLE, AND release the
 youth to the custody of [his or her parent or other] SUCH person [legal-
 ly responsible for his or her care] upon the  written  promise,  without
 security,  of  the person to whose custody the youth is released that he
 or she will produce the youth before the lead agency designated pursuant
 to section seven hundred thirty-five of this article in that county at a
 time and place specified in writing; or

 A. 6982--A                          4
 
   (ii) WHEN THE OFFICER REASONABLY BELIEVES SUCH PARENT OR OTHER  PERSON
 LEGALLY  RESPONSIBLE  FOR  THE  CHILD'S  CARE WILL APPEAR FOR THE CHILD,
 forthwith and with all reasonable speed take  the  youth  directly,  and
 without first being taken to the police station house, to the designated
 lead  agency  located  in  the  county  in which the act occasioning the
 taking into custody allegedly was done[, unless the  officer  determines
 that  it is necessary to question the youth, in which case he or she may
 take the youth to a facility designated by the  chief  administrator  of
 the courts as a suitable place for the questioning of youth or, upon the
 consent  of a parent or other person legally responsible for the care of
 the youth, to the youth's residence and there question him or her for  a
 reasonable period of time]; or
   (iii)  take a youth in need of crisis intervention or respite services
 to a runaway  and  homeless  youth  crisis  services  program  or  other
 approved respite or crisis program; or
   (iv) take the youth directly to the family court located in the county
 in which the act occasioning the taking into custody was allegedly done,
 provided that the officer affirms on the record that he or she attempted
 to  exercise the options identified in paragraphs (i), (ii) and (iii) of
 this subdivision, was unable to exercise these options, and the  reasons
 therefor.
   (c) In the absence of special circumstances, the officer shall release
 the  child in accord with paragraph [(b)] (i) OF SUBDIVISION (B) OF THIS
 SECTION.
   (d) IF THE OFFICER DETERMINES THAT QUESTIONING OF THE CHILD IS  NECES-
 SARY  PRIOR  TO  TAKING  ACTION  AUTHORIZED  BY  SUBDIVISION (B) OF THIS
 SECTION, THE OFFICER MAY TAKE THE CHILD TO A FACILITY DESIGNATED BY  THE
 CHIEF  ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTION-
 ING OF CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY
 RESPONSIBLE FOR THE CARE OF THE CHILD,  TO  THE  CHILD'S  RESIDENCE  AND
 THERE,  SUBJECT  TO THE REQUIREMENTS OF SUBDIVISION (E) OF THIS SECTION,
 QUESTION HIM OR HER FOR A REASONABLE PERIOD OF  TIME.    QUESTIONING  IS
 NECESSARY  ONLY  WHEN THE OFFICER REASONABLY DETERMINES THAT THE CHILD'S
 LIFE OR HEALTH, OR THE LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMI-
 NENT DANGER AND THAT THE CHILD MAY HAVE INFORMATION  THAT  WOULD  ASSIST
 THE OFFICER IN TAKING PROTECTIVE ACTION.
   (E) In determining THE SUITABILITY OF QUESTIONING AND DETERMINING what
 is  a  "reasonable  period of time" for questioning a child, the child's
 age [and], the presence or absence of his parents or other person legal-
 ly responsible for his care AND NOTIFICATION PURSUANT TO SUBDIVISION (A)
 OF THIS SECTION shall be included among the relevant considerations.
   (F) NO STATEMENT MADE TO A PEACE OFFICER OR A POLICE OFFICER PRIOR  TO
 THE COMMENCEMENT OF A FACT-FINDING HEARING MAY BE ADMITTED INTO EVIDENCE
 AT A FACT-FINDING HEARING.
   § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as
 amended  by section 20 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   6. (A) Upon arresting a juvenile  offender  or  a  person  sixteen  or
 commencing  October first, two thousand nineteen, seventeen years of age
 without a warrant, the police officer shall immediately,  BEFORE  TRANS-
 PORTING  THE  CHILD  TO  THE  POLICE STATION HOUSE, notify the parent or
 other person legally responsible for his or her care or the person  with
 whom  he  or she is domiciled, that such JUVENILE offender or person has
 been arrested, and the location of the facility  where  he  or  she  [is
 being] WILL BE detained.

 A. 6982--A                          5
 
   (B) If the officer determines that it is necessary to question a juve-
 nile  offender  or  such  person,  the officer must take him or her to a
 facility designated by the chief administrator of the courts as a  suit-
 able  place  for  the  questioning of children or, upon the consent of a
 parent  or other person legally responsible for the care of the juvenile
 or such person, to his or  her  residence  and  there,  SUBJECT  TO  THE
 REQUIREMENTS  OF  PARAGRAPH (C) OF THIS SUBDIVISION, question him or her
 for a reasonable period of time.  QUESTIONING IS NECESSARY ONLY WHEN THE
 OFFICER REASONABLY DETERMINED THAT THE CHILD'S LIFE OR  HEALTH,  OR  THE
 LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND THAT THE
 CHILD  MAY  HAVE  INFORMATION  THAT  WOULD  ASSIST THE OFFICER IN TAKING
 PROTECTIVE ACTION.
   (C) A juvenile OFFENDER or such person shall not be questioned  pursu-
 ant to this section unless OR UNTIL:
   (I)  he  or she and a person required to be notified pursuant to PARA-
 GRAPH (A) OF this subdivision, if present, have been advised:
   [(a)] (A) of the juvenile offender's or such person's right to  remain
 silent;
   [(b)]  (B)  that  the  statements  made by him or her may be used in a
 court of law;
   [(c)] (C) of his or her right to have  an  attorney  present  at  such
 questioning; and
   [(d)]  (D) of his or her right to have an attorney provided for him or
 her without charge if he or she is unable to afford counsel[.]; AND
   (II) THE JUVENILE OFFENDER OR SUCH PERSON HAS CONSULTED WITH AN ATTOR-
 NEY IN PERSON, BY TELEPHONE, OR BY VIDEO CONFERENCE.  THIS  CONSULTATION
 MAY NOT BE WAIVED.
   (D)  In determining the suitability of questioning and determining the
 reasonable period of time for questioning such a  juvenile  offender  or
 person, his or her age, the presence or absence of his or her parents or
 other  persons  legally responsible for his or her care and notification
 pursuant to PARAGRAPH (A) OF this subdivision shall  be  included  among
 relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE  WITHIN  THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45 OF THIS
 CHAPTER, A STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD  HAS  NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION;  WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION, IF PRESENT, HAS NOT BEEN ADVISED OF  AND  VOLUNTARILY  WAIVED  THE
 RIGHTS  DELINEATED  IN  PARAGRAPH  (C)  OF THIS SUBDIVISION; OR WHEN THE
 QUESTIONING OF THE CHILD WAS NOT  NECESSARY  WITHIN  THE  DEFINITION  IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   §  10.  Subdivision 5 of section 140.27 of the criminal procedure law,
 as amended by section 23 of part WWW of chapter 59 of the laws of  2017,
 is amended to read as follows:
   5.  (A)  Upon  arresting  a  juvenile  offender or a person sixteen or
 commencing October first, two thousand nineteen, seventeen years of  age
 without  a  warrant,  the peace officer shall immediately, BEFORE TRANS-
 PORTING THE CHILD TO THE POLICE STATION  HOUSE,  notify  the  parent  or
 other  person legally responsible for his or her care or the person with
 whom he or she is domiciled, that such JUVENILE offender or  person  has
 been  arrested,  and  the  location  of the facility where he or she [is
 being] WILL BE detained.
   (B) If the officer determines that it is necessary to question a juve-
 nile offender or such person, the officer must take  him  or  her  to  a
 facility  designated by the chief administrator of the courts as a suit-

 A. 6982--A                          6
 
 able place for the questioning of children or, upon  the  consent  of  a
 parent  or  other  person legally responsible for the care of a juvenile
 offender or such person, to his or her residence and there,  SUBJECT  TO
 THE  REQUIREMENTS  OF PARAGRAPH (C) OF THIS SUBDIVISION, question him or
 her for a reasonable period of time.  QUESTIONING IS NECESSARY ONLY WHEN
 THE OFFICER REASONABLY DETERMINES THAT THE CHILD'S LIFE  OR  HEALTH,  OR
 THE LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND THAT
 THE  CHILD  MAY HAVE INFORMATION THAT WOULD ASSIST THE OFFICER IN TAKING
 PROTECTIVE ACTION.
   (C) A juvenile offender or such person shall not be questioned  pursu-
 ant to this section unless OR UNTIL:
   (I)  the  juvenile offender or such person and a person required to be
 notified pursuant to PARAGRAPH (A) OF this subdivision, if present, have
 been advised:
   [(a)] (A) of his or her right to remain silent;
   [(b)] (B) that the statements made by the juvenile  offender  or  such
 person may be used in a court of law;
   [(c)]  (C)  of  his  or  her right to have an attorney present at such
 questioning; and
   [(d)] (D) of his or her right to have an attorney provided for him  or
 her without charge if he or she is unable to afford counsel[.]; AND
   (II) THE JUVENILE OFFENDER OR SUCH PERSON HAS CONSULTED WITH AN ATTOR-
 NEY  IN  PERSON,  BY TELEPHONE OR BY VIDEO CONFERENCE. THIS CONSULTATION
 MAY NOT BE WAIVED.
   (D) In determining the suitability of questioning and determining  the
 reasonable  period  of  time for questioning such a juvenile offender or
 such person, his or her age, the presence  or  absence  of  his  or  her
 parents  or  other  persons  legally responsible for his or her care and
 notification pursuant to PARAGRAPH (A)  OF  this  subdivision  shall  be
 included among relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE  WITHIN  THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45 OF THIS
 CHAPTER, A STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD  HAS  NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION;  WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION, IF PRESENT, HAS NOT BEEN ADVISED OF  AND  VOLUNTARILY  WAIVED  THE
 RIGHTS  DELINEATED  IN  PARAGRAPH  (C)  OF THIS SUBDIVISION; OR WHEN THE
 QUESTIONING OF THE CHILD WAS NOT  NECESSARY  WITHIN  THE  DEFINITION  IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   §  11.  Subdivision 5 of section 140.40 of the criminal procedure law,
 as amended by section 24 of part WWW of chapter 59 of the laws of  2017,
 is amended to read as follows:
   5.  (A)  If  a police officer takes an arrested juvenile offender or a
 person sixteen or commencing  October  first,  two  [thosuand]  THOUSAND
 nineteen,  seventeen years of age into custody, the police officer shall
 immediately, BEFORE TRANSPORTING THE CHILD TO THE POLICE  STATION  HOUSE
 notify  the  parent  or  other person legally responsible for his or her
 care or the person with whom he or she is domiciled, that such  JUVENILE
 offender  or  person has been arrested, and the location of the facility
 where he or she [is being] WILL BE detained.
   (B) If the officer determines that it is necessary to question a juve-
 nile offender or such person the officer must  take  him  or  her  to  a
 facility  designated by the chief administrator of the courts as a suit-
 able place for the questioning of children or, upon  the  consent  of  a
 parent  or other person legally responsible for the care of the juvenile
 offender or such person, to his or her residence and there,  SUBJECT  TO

 A. 6982--A                          7
 
 THE  REQUIREMENTS  OF PARAGRAPH (C) OF THIS SUBDIVISION, question him or
 her for a reasonable period of time.  QUESTIONING IS NECESSARY ONLY WHEN
 THE OFFICER REASONABLY DETERMINES THAT THE CHILD'S LIFE  OR  HEALTH,  OR
 THE  LIFE OR THE HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND
 THAT THE CHILD MAY HAVE INFORMATION THAT WOULD  ASSIST  THE  OFFICER  IN
 TAKING PROTECTIVE ACTION.
   (C)  A juvenile offender or such person shall not be questioned pursu-
 ant to this section unless OR UNTIL:
   (I) he or she and a person required to be notified pursuant  to  PARA-
 GRAPH (A) OF this subdivision, if present, have been advised:
   [(a)] (A) of his or her right to remain silent;
   [(b)]  (B)  that  the statements made by the juvenile offender or such
 person may be used in a court of law;
   [(c)] (C) of his or her right to have  an  attorney  present  at  such
 questioning; and
   [(d)]  (D) of his or her right to have an attorney provided for him or
 her without charge if he or she is unable to afford counsel.
   (D) In determining the suitability of questioning and determining  the
 reasonable  period  of  time for questioning such a juvenile offender or
 such person, his or her age, the presence  or  absence  of  his  or  her
 parents  or  other  persons  legally responsible for his or her care and
 notification pursuant to PARAGRAPH (A)  OF  this  subdivision  shall  be
 included among relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE  WITHIN  THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45 OF THIS
 CHAPTER, A STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD  HAS  NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION;  WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION, IF PRESENT, HAS NOT BEEN ADVISED OF  AND  VOLUNTARILY  WAIVED  THE
 RIGHTS  DELINEATED  IN  PARAGRAPH  (C)  OF THIS SUBDIVISION; OR WHEN THE
 QUESTIONING OF THE CHILD WAS NOT  NECESSARY  WITHIN  THE  DEFINITION  IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   §  12.  This  act  shall take effect April 1, 2020; provided, however,
 that the amendments to subdivision 6 of section 140.20, subdivision 5 of
 section 140.27, and subdivision 5 of  section  140.40  of  the  criminal
 procedure  law  made by sections nine, ten, and eleven of this act shall
 take effect on the same date and in the same manner as subdivision b  of
 section 106 of part WWW of chapter 59 of the laws of 2017, takes effect.

co-Sponsors

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2019-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 Other Legislative Sessions:: 2021-2022: A5891, S2800
2023-2024: A1963, A8923, S1099
2025-2026: A2620, S878

2019-A6982B (ACTIVE) - Summary

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

2019-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

 A. 6982--B                          2
 
 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:
   (b)  WHEN  THE OFFICER DOES NOT REASONABLY BELIEVE THE PARENT OR OTHER
 PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S  CARE  WILL  APPEAR  FOR  THE
 CHILD,  forthwith and with all reasonable speed take the child directly,
 and without his OR HER first being taken to the police station house, to
 the family court located in the county in which the act occasioning  the
 taking  into  custody allegedly was committed, or, when the family court
 is not in session, to the most accessible magistrate, if any, designated
 by the appellate division of the supreme court in the applicable depart-
 ment to conduct a hearing under section 307.4 [of this part, unless  the
 officer  determines that it is necessary to question the child, in which
 case he or she may take the child to a facility designated by the  chief
 administrator  of  the courts as a suitable place for the questioning of
 children or, upon the consent  of  a  parent  or  other  person  legally
 responsible  for  the  care  of  the child, to the child's residence and
 there question him or her for a reasonable period of time]; or
   § 4. Paragraph (c) of subdivision 4 of section  305.2  of  the  family
 court  act,  as amended by section 3 of part G of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (c) WHEN THE OFFICER DOES NOT RELEASE THE CHILD PURSUANT TO  PARAGRAPH
 (A)  OF  THIS  SUBDIVISION,  OR  TAKE  THE CHILD TO FAMILY COURT OR TO A
 MAGISTRATE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, take the child
 to a place certified by the office of children and family services as  a
 juvenile detention facility for the reception of children; or
   §  5.  Subdivision  5  of  section  305.2  of the family court act, as
 amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
 follows:
   5.  If  such  child has allegedly committed a designated felony act as
 defined in subdivision eight of section 301.2, and the family  court  in
 the  county  is  in  session, the officer shall forthwith take the child
 directly to such family court, unless the officer takes the child  to  a
 facility  for  questioning in accordance with [paragraph (b) of subdivi-
 sion four. If such child has not allegedly committed a designated felony
 act and such family court is in session, the officer shall either forth-
 with take the child directly to such family court,  unless  the  officer
 takes  the  child to a facility for questioning in accordance with para-
 graph (b) of subdivision four or release the child  in  accordance  with
 paragraph (a) of subdivision four] SUBDIVISION SEVEN.
   §  6. Subdivision 6 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:
   6. [In all other cases] IF SUCH CHILD HAS NOT  ALLEGEDLY  COMMITTED  A
 DESIGNATED  FELONY ACT, and in the absence of special circumstances, the
 officer shall release the child in  accordance  with  paragraph  (a)  of
 subdivision four.
   § 7. Subdivisions 7 and 8 of section 305.2 of the family court act, as
 amended by chapter 398 of the laws of 1983, are amended and a new subdi-
 vision 10 is added to read as follows:
   7.   IF THE OFFICER DETERMINES THAT QUESTIONING OF THE CHILD IS NECES-
 SARY PRIOR TO TAKING ACTION AUTHORIZED BY SUBDIVISION FOUR OR FIVE,  THE
 OFFICER  MAY TAKE THE CHILD TO A FACILITY DESIGNATED BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF  CHIL-
 DREN  OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSI-

 A. 6982--B                          3
 
 BLE FOR THE CARE OF THE CHILD,  TO  THE  CHILD'S  RESIDENCE  AND  THERE,
 SUBJECT  TO  THE  REQUIREMENTS OF SUBDIVISION EIGHT, QUESTION HIM OR HER
 FOR A REASONABLE PERIOD OF TIME. QUESTIONING IS NECESSARY ONLY WHEN  THE
 OFFICER  REASONABLY  DETERMINES  THAT THE CHILD'S LIFE OR HEALTH, OR THE
 LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND THAT THE
 CHILD MAY HAVE INFORMATION THAT  WOULD  ASSIST  THE  OFFICER  IN  TAKING
 PROTECTIVE ACTION.
   8.  A  child  shall  not be questioned pursuant to this section unless
 [he] OR UNTIL:
   (A) THE CHILD and a person required to be notified pursuant to  subdi-
 vision three if present, have been advised:
   [(a)] (I) of the child's right to remain silent;
   [(b)]  (II)  that  the  statements  made by the child may be used in a
 court of law;
   [(c)] (III) of the child's right to have an attorney present  at  such
 questioning; and
   [(d)]  (IV)  of the child's right to have an attorney provided for him
 OR HER without charge if he OR SHE is indigent; AND
   (B) THE CHILD HAS CONSULTED WITH LEGAL COUNSEL  IN  PERSON,  BY  TELE-
 PHONE, OR BY VIDEO CONFERENCE. THIS CONSULTATION MAY NOT BE WAIVED.
   [8.]  9. 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
 subdivision three shall be included among relevant considerations.
   10. IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE WITHIN THE DEFINITION IN SUBDIVISION TWO OF SECTION 344.2, A STATE-
 MENT  SHALL  BE  SUPPRESSED: WHEN THE CHILD HAS NOT CONSULTED WITH LEGAL
 COUNSEL AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION EIGHT; WHEN A PERSON
 NOTIFIED PURSUANT TO SUBDIVISION THREE, IF PRESENT, HAS NOT BEEN ADVISED
 OF AND VOLUNTARILY WAIVED THE RIGHTS  DELINEATED  IN  PARAGRAPH  (A)  OF
 SUBDIVISION  EIGHT;  OR WHEN THE QUESTIONING OF THE CHILD WAS NOT NECES-
 SARY WITHIN THE DEFINITION IN SUBDIVISION SEVEN.
   § 8. Section 724 of the family court  act,  the  section  heading  and
 subdivisions  (b) and (c) as amended by chapter 843 of the laws of 1980,
 subdivision (a) as amended by chapter 920 of the  laws  of  1982,  para-
 graphs  (i),  (ii), and (iv) of subdivision (b), paragraphs (i) and (ii)
 as amended and paragraph (iv) as added by section 4 of part E of chapter
 57 of the laws of 2005, paragraph (iii) of subdivision (b) as amended by
 section 7 of part M of chapter 56 of the laws of 2017,  and  subdivision
 (d)  as  added by chapter 809 of the laws of 1963, is amended to read as
 follows:
   § 724. Duties of police officer or peace  officer  after  taking  into
 custody  or  on  delivery by private person. (a) If a peace officer or a
 police officer takes into custody or if a person  is  delivered  to  him
 under section seven hundred twenty-three, the officer shall immediately,
 BEFORE  TRANSPORTING  THE CHILD TO ANY OTHER LOCATION, notify the parent
 or other person legally responsible for his care,  or  the  person  with
 whom he is domiciled, that he has been taken into custody.
   (b)  After  making every reasonable effort to give notice under [para-
 graph] SUBDIVISION (a) OF THIS SECTION, the officer shall
   (i) 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 POLICE STATION HOUSE, OR  ANOTHER  LOCATION  AGREED
 UPON  WITH  THE  PARENT  OR  PERSON LEGALLY RESPONSIBLE, AND release the
 youth to the custody of [his or her parent or other] SUCH person [legal-

 A. 6982--B                          4

 ly responsible for his or her care] upon the  written  promise,  without
 security,  of  the person to whose custody the youth is released that he
 or she will produce the youth before the lead agency designated pursuant
 to section seven hundred thirty-five of this article in that county at a
 time and place specified in writing; or
   (ii)  WHEN THE OFFICER REASONABLY BELIEVES SUCH PARENT OR OTHER PERSON
 LEGALLY RESPONSIBLE FOR THE CHILD'S CARE  WILL  APPEAR  FOR  THE  CHILD,
 forthwith  and  with  all  reasonable speed take the youth directly, and
 without first being taken to the police station house, to the designated
 lead agency located in the county  in  which  the  act  occasioning  the
 taking  into  custody allegedly was done[, unless the officer determines
 that it is necessary to question the youth, in which case he or she  may
 take  the  youth  to a facility designated by the chief administrator of
 the courts as a suitable place for the questioning of youth or, upon the
 consent of a parent or other person legally responsible for the care  of
 the  youth, to the youth's residence and there question him or her for a
 reasonable period of time]; or
   (iii) take a youth in need of crisis intervention or respite  services
 to  a  runaway  and  homeless  youth  crisis  services  program or other
 approved respite or crisis program; or
   (iv) take the youth directly to the family court located in the county
 in which the act occasioning the taking into custody was allegedly done,
 provided that the officer affirms on the record that he or she attempted
 to exercise the options identified in paragraphs (i), (ii) and (iii)  of
 this  subdivision, was unable to exercise these options, and the reasons
 therefor.
   (c) In the absence of special circumstances, the officer shall release
 the child in accord with paragraph [(b)] (i) OF SUBDIVISION (B) OF  THIS
 SECTION.
   (d)  IF THE OFFICER DETERMINES THAT QUESTIONING OF THE CHILD IS NECES-
 SARY PRIOR TO TAKING  ACTION  AUTHORIZED  BY  SUBDIVISION  (B)  OF  THIS
 SECTION,  THE OFFICER MAY TAKE THE CHILD TO A FACILITY DESIGNATED BY THE
 CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUESTION-
 ING OF CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY
 RESPONSIBLE  FOR  THE  CARE  OF  THE CHILD, TO THE CHILD'S RESIDENCE AND
 THERE, SUBJECT TO THE REQUIREMENTS OF SUBDIVISION (E) OF  THIS  SECTION,
 QUESTION  HIM  OR  HER  FOR A REASONABLE PERIOD OF TIME.  QUESTIONING IS
 NECESSARY ONLY WHEN THE OFFICER REASONABLY DETERMINES THAT  THE  CHILD'S
 LIFE OR HEALTH, OR THE LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMI-
 NENT  DANGER  AND  THAT THE CHILD MAY HAVE INFORMATION THAT WOULD ASSIST
 THE OFFICER IN TAKING PROTECTIVE ACTION.
   (E) In determining THE SUITABILITY OF QUESTIONING AND DETERMINING what
 is a "reasonable period of time" for questioning a  child,  the  child's
 age [and], the presence or absence of his parents or other person legal-
 ly responsible for his care AND NOTIFICATION PURSUANT TO SUBDIVISION (A)
 OF THIS SECTION shall be included among the relevant considerations.
   (F)  NO STATEMENT MADE TO A PEACE OFFICER OR A POLICE OFFICER PRIOR TO
 THE COMMENCEMENT OF A FACT-FINDING HEARING MAY BE ADMITTED INTO EVIDENCE
 AT A FACT-FINDING HEARING.
   § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as
 amended by section 20 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   6.  (A)  Upon  arresting  a  juvenile  offender or a person sixteen or
 commencing October first, two thousand nineteen, seventeen years of  age
 without  a  warrant, the police officer shall immediately, BEFORE TRANS-
 PORTING THE CHILD TO THE POLICE STATION  HOUSE,  notify  the  parent  or

 A. 6982--B                          5
 
 other  person legally responsible for his or her care or the person with
 whom he or she is domiciled, that such JUVENILE offender or  person  has
 been  arrested,  and  the  location  of the facility where he or she [is
 being] WILL BE detained.
   (B) If the officer determines that it is necessary to question a juve-
 nile  offender  or  such  person,  the officer must take him or her to a
 facility designated by the chief administrator of the courts as a  suit-
 able  place  for  the  questioning of children or, upon the consent of a
 parent or other person legally responsible for the care of the  juvenile
 or  such  person,  to  his  or  her  residence and there, SUBJECT TO THE
 REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION, question him  or  her
 for a reasonable period of time.  QUESTIONING IS NECESSARY ONLY WHEN THE
 OFFICER  REASONABLY  DETERMINED  THAT THE CHILD'S LIFE OR HEALTH, OR THE
 LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND THAT THE
 CHILD MAY HAVE INFORMATION THAT  WOULD  ASSIST  THE  OFFICER  IN  TAKING
 PROTECTIVE ACTION.
   (C)  A juvenile OFFENDER or such person shall not be questioned pursu-
 ant to this section unless OR UNTIL:
   (I) he or she and a person required to be notified pursuant  to  PARA-
 GRAPH (A) OF this subdivision, if present, have been advised:
   [(a)]  (A) of the juvenile offender's or such person's right to remain
 silent;
   [(b)] (B) that the statements made by him or her  may  be  used  in  a
 court of law;
   [(c)]  (C)  of  his  or  her right to have an attorney present at such
 questioning; and
   [(d)] (D) of his or her right to have an attorney provided for him  or
 her without charge if he or she is unable to afford counsel[.]; AND
   (II) THE JUVENILE OFFENDER OR SUCH PERSON HAS CONSULTED WITH AN ATTOR-
 NEY  IN  PERSON, BY TELEPHONE, OR BY VIDEO CONFERENCE. THIS CONSULTATION
 MAY NOT BE WAIVED.
   (D) In determining the suitability of questioning and determining  the
 reasonable  period  of  time for questioning such a juvenile offender or
 person, his or her age, the presence or absence of his or her parents or
 other persons legally responsible for his or her care  and  notification
 pursuant  to  PARAGRAPH  (A) OF this subdivision shall be included among
 relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE WITHIN THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45  OF  THIS
 CHAPTER,  A  STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD HAS NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION; WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVI-
 SION,  IF  PRESENT,  HAS  NOT BEEN ADVISED OF AND VOLUNTARILY WAIVED THE
 RIGHTS DELINEATED IN PARAGRAPH (C) OF  THIS  SUBDIVISION;  OR  WHEN  THE
 QUESTIONING  OF  THE  CHILD  WAS  NOT NECESSARY WITHIN THE DEFINITION IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   § 10. Subdivision 5 of section 140.27 of the criminal  procedure  law,
 as  amended by section 23 of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   5. (A) Upon arresting a juvenile  offender  or  a  person  sixteen  or
 commencing  October first, two thousand nineteen, seventeen years of age
 without a warrant, the peace officer shall  immediately,  BEFORE  TRANS-
 PORTING  THE  CHILD  TO  THE  POLICE STATION HOUSE, notify the parent or
 other person legally responsible for his or her care or the person  with
 whom  he  or she is domiciled, that such JUVENILE offender or person has

 A. 6982--B                          6
 
 been arrested, and the location of the facility  where  he  or  she  [is
 being] WILL BE detained.
   (B) If the officer determines that it is necessary to question a juve-
 nile  offender  or  such  person,  the officer must take him or her to a
 facility designated by the chief administrator of the courts as a  suit-
 able  place  for  the  questioning of children or, upon the consent of a
 parent or other person legally responsible for the care  of  a  juvenile
 offender  or  such person, to his or her residence and there, SUBJECT TO
 THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION, question  him  or
 her for a reasonable period of time.  QUESTIONING IS NECESSARY ONLY WHEN
 THE  OFFICER  REASONABLY  DETERMINES THAT THE CHILD'S LIFE OR HEALTH, OR
 THE LIFE OR HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND THAT
 THE CHILD MAY HAVE INFORMATION THAT WOULD ASSIST THE OFFICER  IN  TAKING
 PROTECTIVE ACTION.
   (C)  A juvenile offender or such person shall not be questioned pursu-
 ant to this section unless OR UNTIL:
   (I) the juvenile offender or such person and a person required  to  be
 notified pursuant to PARAGRAPH (A) OF this subdivision, if present, have
 been advised:
   [(a)] (A) of his or her right to remain silent;
   [(b)]  (B)  that  the statements made by the juvenile offender or such
 person may be used in a court of law;
   [(c)] (C) of his or her right to have  an  attorney  present  at  such
 questioning; and
   [(d)]  (D) of his or her right to have an attorney provided for him or
 her without charge if he or she is unable to afford counsel[.]; AND
   (II) THE JUVENILE OFFENDER OR SUCH PERSON HAS CONSULTED WITH AN ATTOR-
 NEY IN PERSON, BY TELEPHONE OR BY VIDEO  CONFERENCE.  THIS  CONSULTATION
 MAY NOT BE WAIVED.
   (D)  In determining the suitability of questioning and determining the
 reasonable period of time for questioning such a  juvenile  offender  or
 such  person,  his  or  her  age,  the presence or absence of his or her
 parents or other persons legally responsible for his  or  her  care  and
 notification  pursuant  to  PARAGRAPH  (A)  OF this subdivision shall be
 included among relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE WITHIN THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45  OF  THIS
 CHAPTER,  A  STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD HAS NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION; WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVI-
 SION,  IF  PRESENT,  HAS  NOT BEEN ADVISED OF AND VOLUNTARILY WAIVED THE
 RIGHTS DELINEATED IN PARAGRAPH (C) OF  THIS  SUBDIVISION;  OR  WHEN  THE
 QUESTIONING  OF  THE  CHILD  WAS  NOT NECESSARY WITHIN THE DEFINITION IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   § 11. Subdivision 5 of section 140.40 of the criminal  procedure  law,
 as  amended by section 24 of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   5. (A) If a police officer takes an arrested juvenile  offender  or  a
 person  sixteen  or  commencing  October  first, two [thosuand] THOUSAND
 nineteen, seventeen years of age into custody, the police officer  shall
 immediately,  BEFORE  TRANSPORTING THE CHILD TO THE POLICE STATION HOUSE
 notify the parent or other person legally responsible  for  his  or  her
 care  or the person with whom he or she is domiciled, that such JUVENILE
 offender or person has been arrested, and the location of  the  facility
 where he or she [is being] WILL BE detained.

 A. 6982--B                          7
 
   (B) If the officer determines that it is necessary to question a juve-
 nile  offender  or  such  person  the  officer must take him or her to a
 facility designated by the chief administrator of the courts as a  suit-
 able  place  for  the  questioning of children or, upon the consent of a
 parent  or other person legally responsible for the care of the juvenile
 offender or such person, to his or her residence and there,  SUBJECT  TO
 THE  REQUIREMENTS  OF PARAGRAPH (C) OF THIS SUBDIVISION, question him or
 her for a reasonable period of time.  QUESTIONING IS NECESSARY ONLY WHEN
 THE OFFICER REASONABLY DETERMINES THAT THE CHILD'S LIFE  OR  HEALTH,  OR
 THE  LIFE OR THE HEALTH OF ANOTHER INDIVIDUAL, IS IN IMMINENT DANGER AND
 THAT THE CHILD MAY HAVE INFORMATION THAT WOULD  ASSIST  THE  OFFICER  IN
 TAKING PROTECTIVE ACTION.
   (C)  A juvenile offender or such person shall not be questioned pursu-
 ant to this section unless OR UNTIL:
   (I) he or she and a person required to be notified pursuant  to  PARA-
 GRAPH (A) OF this subdivision, if present, have been advised:
   [(a)] (A) of his or her right to remain silent;
   [(b)]  (B)  that  the statements made by the juvenile offender or such
 person may be used in a court of law;
   [(c)] (C) of his or her right to have  an  attorney  present  at  such
 questioning; and
   [(d)]  (D) of his or her right to have an attorney provided for him or
 her without charge if he or she is unable to afford counsel.
   (D) In determining the suitability of questioning and determining  the
 reasonable  period  of  time for questioning such a juvenile offender or
 such person, his or her age, the presence  or  absence  of  his  or  her
 parents  or  other  persons  legally responsible for his or her care and
 notification pursuant to PARAGRAPH (A)  OF  this  subdivision  shall  be
 included among relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE  WITHIN  THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45 OF THIS
 CHAPTER, A STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD  HAS  NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION;  WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION, IF PRESENT, HAS NOT BEEN ADVISED OF  AND  VOLUNTARILY  WAIVED  THE
 RIGHTS  DELINEATED  IN  PARAGRAPH  (C)  OF THIS SUBDIVISION; OR WHEN THE
 QUESTIONING OF THE CHILD WAS NOT  NECESSARY  WITHIN  THE  DEFINITION  IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   § 12. This act shall take effect April 1, 2021.

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Assembly Bill A6982B

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Sponsored By

JOYNER

Archive: Last Bill Status - In Assembly Committee

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