The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6570--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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:
   (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]

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02415-03-1

 A. 6570--A                          2
 
   (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.