Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Nov 27, 2020 |
signed chap.299 |
Nov 18, 2020 |
delivered to governor |
Jul 21, 2020 |
returned to senate passed assembly ordered to third reading cal.300 substituted for a7970 |
Jul 21, 2020 |
substituted by s6533 |
Jan 08, 2020 |
ordered to third reading cal.300 |
Jun 17, 2019 |
ordered to third reading rules cal.413 rules report cal.413 reported |
Jun 14, 2019 |
reported referred to rules |
Jun 11, 2019 |
reported referred to ways and means |
Jun 04, 2019 |
reported referred to codes |
May 29, 2019 |
referred to children and families |
Assembly Bill A7970
Signed By Governor2019-2020 Legislative Session
Relates to requiring the video recording of interrogations of juveniles in juvenile delinquency proceedings in family court
download bill text pdfSponsored By
FRONTUS
Archive: Last Bill Status Via S6533 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 11, 2020
aye (50)- Addabbo Jr.
- Amedore
- Bailey
- Benjamin
- Biaggi
- Boyle
- Brooks
- Carlucci
- Comrie
- Flanagan
- Funke
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- LaValle
- Lanza
- Little
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- Parker
- Persaud
- Ramos
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
excused (4)
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Floor Vote: Jun 19, 2019
aye (55)- Addabbo Jr.
- Amedore
- Antonacci
- Bailey
- Benjamin
- Biaggi
- Boyle
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Flanagan
- Funke
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- LaValle
- Lanza
- Little
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- Parker
- Persaud
- Ramos
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Seward
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Jun 19, 2019 - Rules Committee Vote
S653318Aye0Nay1Aye with Reservations0Absent0Excused0AbstainedFeb 25, 2020 - Finance Committee Vote
S653318Aye2Nay2Aye with Reservations0Absent1Excused0Abstained -
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co-Sponsors
David Buchwald
Steven Otis
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) - 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.
LBD09847-01-9 A. 7970 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, as added by section 2 of part VVV of chapter 59 of the laws of 2017, is amended to read as follows: 3. Where a respondent is subject to [custodial] interrogation by a public servant at a facility specified in subdivision four of section 305.2 of this article, the entire custodial interrogation, including the giving of any required advice of the rights of the individual being questioned, and the waiver of any rights by the individual, shall be recorded and governed in [accordance] A MANNER CONSISTENT with [the provisions of paragraphs (a), (b), (c), (d) and] STANDARDS ESTABLISHED BY RULE OF THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO PARA- GRAPH (e) of subdivision three of section 60.45 of the criminal proce- dure law. THE INTERROGATION SHALL BE RECORDED IN A MANNER SUCH THAT THE PERSONS IN THE RECORDING ARE IDENTIFIABLE AND THE SPEECH IS INTELLIGI- BLE. 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. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made by the division of criminal justice services on or before such effective date.
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