senate Bill S4980

2019-2020 Legislative Session

Relates to procedures required for the custodial interrogation of children

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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
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

Votes

view votes

May 7, 2019 - Children and Families committee Vote

S4980
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 7, 2019

aye wr (2)

Co-Sponsors

S4980 - Details

Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §305.2, Fam Ct Act

S4980 - Summary

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

S4980 - Sponsor Memo

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

S4980A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §305.2, Fam Ct Act

S4980A (ACTIVE) - Summary

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

S4980A (ACTIVE) - Sponsor Memo

S4980A (ACTIVE) - 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.

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