S T A T E O F N E W Y O R K
________________________________________________________________________
324--A
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. MYRIE, BAILEY, BIAGGI, BRISPORT, BROUK, COONEY,
GIANARIS, GOUNARDES, HOYLMAN, RAMOS, RIVERA, SALAZAR, SEPULVEDA,
SERRANO -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the criminal procedure law and the family court act, in
relation to defendants' and juvenile respondents' statement admissi-
bility and recorded interrogations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 60.45 of the criminal
procedure law are amended and a new subdivision 4 is added to read as
follows:
1. Evidence of a written or oral confession, admission, or other
statement made by a defendant with respect to his OR HER participation
or lack of participation in the offense charged, may not be received in
evidence against him OR HER in a criminal proceeding if such statement
was involuntarily made.
2. A confession, admission or other statement is "involuntarily made"
by a defendant when it is obtained from him OR HER:
(a) By any person by the use or threatened use of physical force upon
the defendant or another person, or by means of any other improper
conduct or undue pressure which impaired the defendant's physical or
mental condition to the extent of undermining his OR HER ability to make
a choice whether or not to make a statement; or
(b) By a public servant engaged in law enforcement activity or by a
person then acting under his OR HER direction or in cooperation with him
OR HER:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02415-02-1
S. 324--A 2
(i) by means of any promise or statement of fact, which promise or
statement UNDERMINES THE RELIABILITY OF THE DEFENDANT'S STATEMENT, OR
creates a substantial risk that the defendant might falsely incriminate
himself OR HERSELF; [or]
(ii) BY KNOWINGLY COMMUNICATING FALSE FACTS ABOUT EVIDENCE TO THE
DEFENDANT; OR
(III) in violation of such rights as the defendant may derive from the
constitution of this state or of the United States.
4. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL COLLECT AND ANALYZE
THE FOLLOWING DATA RELATED TO THE RECORDATION OF INTERROGATIONS PURSUANT
TO THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO:
(A) THE AGGREGATE ANNUAL NUMBER OF RECORDED INTERROGATIONS IN
DETENTION FACILITIES FOR ALL CATEGORIES OF CRIMINAL CHARGES, INCLUDING
SUCH CHARGES AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION AND ANY ADDITIONAL RECORDED INTERROGATIONS.
(B) THE DISAGGREGATE DATA FOR EACH CASE INVOLVING A CUSTODIAL INTERRO-
GATION OF A PERSON SUSPECTED OF COMMITTING A CRIME THAT OCCURRED IN A
DETENTION FACILITY, INCLUDING:
(I) WHETHER THE INTERROGATION WAS RECORDED.
(II) IF THE INTERROGATION WAS NOT RECORDED, WHETHER THERE WAS A SHOW-
ING OF GOOD CAUSE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS
SECTION.
(III) THE DURATION OF THE INTERROGATION AND THE CIRCUMSTANCES OF THE
RECORDED INTERROGATION, INCLUDING:
(1) WHETHER THE RECORDING BEGAN: (A) WHEN THE SUSPECT ENTERED THE
INTERROGATION ROOM; (B) WHEN THE SUSPECT WAS READ HIS OR HER MIRANDA
RIGHTS; OR (C) AFTER THE SUSPECT WAS READ HIS OR HER MIRANDA RIGHTS; AND
(2) WHETHER THE RECORDING ENDED: (A) AFTER THE INTERROGATION ENDED;
(B) IMMEDIATELY AFTER THE SUSPECT CONFESSED; OR (C) AT ANOTHER TIME
PRIOR TO THE END OF THE INTERROGATION.
(IV) WHETHER THE SUSPECT CONFESSED TO THE CRIME DURING THE INTERRO-
GATION.
(V) WHETHER THE INTERROGATION WAS RECORDED WITH VIDEO AND AUDIO OR
AUDIO ONLY.
§ 2. Subparagraph (iii) of paragraph (b) of subdivision 2 of section
344.2 of the family court act, as added by chapter 920 of the laws of
1982, is amended to read as follows:
(iii) in violation of section 305.2 OF THIS ARTICLE; OR
(IV) IN VIOLATION OF SUBDIVISION TWO OF SECTION 60.45 OF THE CRIMINAL
PROCEDURE LAW.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.