Assembly Bill A7970

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6533 - Signed by Governor


  • 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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2019-A7970 (ACTIVE) - Details

See Senate Version of this Bill:
S6533
Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 344.2, Fam Ct Act

2019-A7970 (ACTIVE) - Summary

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

2019-A7970 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7970
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced  by  M.  of  A. FRONTUS -- (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 A MANNER CONSISTENT  WITH  STAND-
 ARDS  ESTABLISHED  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  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.
              

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