Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 09, 2020 |
print number 4980b |
Jul 09, 2020 |
amend and recommit to children and families |
Jan 08, 2020 |
referred to children and families |
Jun 20, 2019 |
committed to rules |
Jun 18, 2019 |
amended on third reading (t) 4980a |
May 13, 2019 |
advanced to third reading |
May 08, 2019 |
2nd report cal. |
May 07, 2019 |
1st report cal.628 |
Apr 03, 2019 |
referred to children and families |
Senate Bill S4980B
2019-2020 Legislative Session
Sponsored By
(D) 36th Senate District
Archive: Last Bill Status - In Senate Committee Children And Families 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
co-Sponsors
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) Senate District
2019-S4980 - Details
- See Assembly Version of this Bill:
- A6982
- Current Committee:
- Senate 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 2019-2020 Legislative Session:
-
S4980, A6982
2019-S4980 - Sponsor Memo
BILL NUMBER: S4980 SPONSOR: BAILEY TITLE OF BILL: An act to amend the family court act, in relation to the custodial interrogation of juveniles by law enforcement PURPOSE: This bill makes a number of changes to the Family Court Act to clarify and protect the rights of children in the custody of law enforcement. The bill would require that children under 18 consult with an attorney before they can be subjected to custodial interrogation by law enforce- ment, thereby ensuring any waiver of rights under Miranda is genuinely knowing, voluntary, and intelligent. The bill also requires that a child arrested without a warrant be brought directly to court, as opposed to the police station, if a parent or legally responsible adult is not expected to appear for them and they are not being questioned. It also defines the term "necessary," which circumscribes the limited circum- stances under which custodial interrogation of such a child is permissi- ble.
2019-S4980 - 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
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) Senate District
(D, WF) 33rd Senate District
2019-S4980A - Details
- See Assembly Version of this Bill:
- A6982
- Current Committee:
- Senate 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 2019-2020 Legislative Session:
-
S4980, A6982
2019-S4980A - Sponsor Memo
BILL NUMBER: S4980A SPONSOR: BAILEY TITLE OF BILL: An act to amend the family court act and the criminal procedure law, in relation to the custodial interrogation of juveniles by law enforcement PURPOSE: This bill makes a number of changes to the Family Court Act to clarify and protect the rights of children in the custody of law enforcement and makes corresponding changes to the Criminal Procedure Law to address children arrested as juvenile offenders and adolescent offenders. The bill would require that children under 18 consult with an attorney before they can be subjected to custodial interrogation by law enforce- ment, thereby ensuring any waiver of rights under Miranda is genuinely knowing, voluntary, and intelligent. The bill also requires that a child arrested without a warrant be brought directly to court, as opposed to the police station, if a parent or legally responsible adult is not expected to appear for them and they are not being questioned, unless otherwise required under the Criminal Procedure Law. It also defines the term "necessary," which circumscribes the limited circumstances under
2019-S4980A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4980--A Cal. No. 628 2019-2020 Regular Sessions I N S E N A T E April 3, 2019 ___________ Introduced by Sens. BAILEY, HOYLMAN, JACKSON, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) Senate District
2019-S4980B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6982
- Current Committee:
- Senate 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 2019-2020 Legislative Session:
-
S4980, A6982
2019-S4980B (ACTIVE) - Sponsor Memo
BILL NUMBER: S4980b SPONSOR: BAILEY TITLE OF BILL: An act to amend the family court act and the criminal procedure law, in relation to the custodial interrogation of juveniles by law enforcement PURPOSE: This bill makes a number of changes to the Family Court Act to clarify and protect the rights of children in the custody of law enforcement and makes corresponding changes to the Criminal Procedure Law to address children arrested as juvenile offenders and adolescent offenders. The bill would require that children under 18 consult with an attorney before they can be subjected to custodial interrogation by law enforce- ment, thereby ensuring any waiver of rights under Miranda is genuinely knowing, voluntary, and intelligent. The bill also requires that a child arrested without a warrant be brought directly to court, as opposed to the police station, if a parent or legally responsible adult is not expected to appear for them and they are not being questioned, unless otherwise required under the Criminal Procedure Law. It also defines the
2019-S4980B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4980--B 2019-2020 Regular Sessions I N S E N A T E April 3, 2019 ___________ Introduced by Sens. BAILEY, HOYLMAN, JACKSON, MONTGOMERY, RIVERA, SALA- ZAR, SEPULVEDA, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- 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 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.
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