NY State Senate Bill 2021-S324A

Senate Bill S324A

2021-2022 Legislative Session

Relates to precluding inadmissible statements made by defendants because of false information and requires data collection of recorded interrogations

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Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Sep 29, 2021	print number 324a
Sep 29, 2021	amend (t) and recommit to codes
Jan 06, 2021	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S324 - Details

See Assembly Version of this Bill:: A6570
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §60.45, CP L; amd §344.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6806
2023-2024: S2303, A1156

2021-S324 - Summary

Relates to precluding inadmissible statements made by defendants because of false facts about evidence or because of a statement that undermines the reliability of the defendant's statement; requires data collection and analysis by the division of criminal justice services of recorded interrogations.

2021-S324 - Sponsor Memo

                                
 
BILL NUMBER: S324

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to defendants'
statement admissibility and recorded interrogations

 
PURPOSE:

To provide increased protections against false confession and/or false
incrimination by individuals subject to interrogation, and to provide
for the collection of data concerning recorded interrogations.

 
SUMMARY OF PROVISIONS:

Section 1 Amends subdivisions 1 and 2 of section 60.45 of the criminal
procedure law, providing any promise or statement of fact by law
enforcement to an individual under interrogation that undermines the
reliability of such individual's statement, and increases the likelihood
of that individual's false incrimination is designated as an involuntary

confession, statement, or admission. In addition, providing any
confession produced from such interrogation where there existed a pres-
entation of knowingly false information to individuals under interro-
gation by law enforcement is designated as an involuntary confession,
statement or admission. Adds a new subdivision 4 providing for the
collection of recorded interrogation data by the Division of Criminal
Justice Services.

Section 2 provides for the effective date

 
JUSTIFICATION:

Our justice system should be based on basic principles of fairness and
transparency. When defendants are under interrogation, however, our
current law allows law enforcement to use deceptive practices and to do
so in unrecorded interactions. While many interactions between law
enforcement and the accused may not involve such deception, the conse-
quences for instances where it does occur are dire. These practices have
led to coerced confessions which can wrongfully imprison innocent citi-
zens or provide the improper basis for additional charges. The ability
of the government to deny an individual their liberty is one of its most
sobering powers and the exercise of that power should not be based on
deception.

In 1989, five teenage men were wrongly convicted of raping a woman in
New York City's Central Park. Their guilt was largely based on false
confessions coerced by law enforcement. Today, they are widely known as
the "Exonerated 5," but it took thirteen years in prison and the DNA
evidence of the real perpetrator to overturn their wrongful convictions.
Had the law, in 1989, prevented deceptive practices by law enforcement,
they may have never been incarcerated.

Unfortunately, the Exonerated 5 are not isolated cases. New York
consistently ranks near the top of theò country in false convictions.
According to the National Registry of Exonerations, from 1989-2015,
there were 1600 exonerations, and over that period, New York ranked
second only to Texas with 189 exonerations. Of the top ten counties with
exonerations, New York accounted for three; Kings County, Bronx County,
and New York County had the 5th, 6th, and 7th most exonerations, respec-
tively. In 2018 alone, New York tied Texas for the second most false
convictions.(16) in the United States (there were 151 exonerations
nationwide). Out of the 151 exonerations nationwide, 107 included offi-
cial misconduct, and 19 included false confessions.

Defendants are presumed innocent until proven guilty and that proof
should not include evidence tainted by a false confession. Recording
interrogations and prohibiting deceptive practices in the process is a
step in the right direction that will put New York at the forefront of
fairness and transparency in the justice system.

 
LEGISLATIVE HISTORY:

2019-20: S6806 (Myrie)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2021-S324 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    324
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, BENJAMIN, HOYLMAN, RIVERA, SALAZAR -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to defendants'
   statement admissibility 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.

                                                            LBD02415-01-1

 S. 324                              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. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S324A (ACTIVE) - Details

See Assembly Version of this Bill:: A6570
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §60.45, CP L; amd §344.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6806
2023-2024: S2303, A1156

2021-S324A (ACTIVE) - Summary

2021-S324A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S324A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law and the family court act, in
relation to defendants' and juvenile respondents' statement admissibili-
ty and recorded interrogations

 
PURPOSE:

To provide increased protections against false confession and/or false
incrimination by individuals subject to interrogation, and to provide
for the collection of data concerning recorded interrogations.

 
SUMMARY OF PROVISIONS:

Section 1 Amends subdivisions 1 and 2 of section 60.45 of the criminal
procedure law, providing any promise or statement of fact by law
enforcement to an individual under interrogation that undermines the
reliability of such individual's statement, and increases the likelihood

of that individual's false incrimination is designated as an involuntary
confession, statement, or admission. In addition, providing any
confession produced from such interrogation where there existed a pres-
entation of knowingly false information to individuals under interro-
gation by law enforcement is designated as an involuntary confession,
statement or admission. Adds a new subdivision 4 providing for the
collection of recorded interrogation data by the Division of Criminal
Justice Services.

Section 2 adds a corresponding amendment to subdivision 2 of section
344.2 of the Family Court Act to extend the applicability of the prohi-
bition to juveniles under interrogation.

Section 3 provides for the effective date.

 
JUSTIFICATION:

Our justice system should be based on basic principles of fairness and
transparency. When defendants are under interrogation, however, our
current law allows law enforcement to use deceptive practices and to do
so in unrecorded interactions. While many interactions between law
enforcement and the accused may not involve such deception, the conse-
quences for instances where it does occur are dire. These practices have
led to coerced confessions which can wrongfully imprison innocent citi-
zens or provide the improper basis for additional charges. The ability
of the government to deny an individual their liberty is one of its most
sobering powers and the exercise of that power should not be based on
deception.

In 1989, five teenage men were wrongly convicted of raping a woman in
New York City's Central Park. Their guilt was largely based on false
confessions coerced by law enforcement. Today, they are widely known as
the "Exonerated 5," but it took thirteen years in prison and the DNA
evidence of the real perpetrator to overturn their wrongful convictions.
Had the law, in 1989, prevented deceptive practices by law enforcement,
they may have never been incarcerated.


Unfortunately, the Exonerated 5 are not isolated cases. New York
consistently ranks near the top of theò country in false convictions.
According to the National Registry of Exonerations, from 1989-2015,
there were 1600 exonerations, and over that period, New York ranked
second only to Texas with 189 exonerations. Of the top ten counties with
exonerations, New York accounted for three; Kings County, Bronx County,
and New York County had the 5th, 6th, and 7th most exonerations, respec-
tively. In 2018 alone, New York tied Texas for the second most false
convictions.(16) in the United States (there were 151 exonerations
nationwide). Out of the 151 exonerations nationwide, 107 included offi-
cial misconduct, and 19 included false confessions.

The Exonerated 5 exemplified the fact that juveniles are impressionable,
are not fully developed and are in particular need of protections when
they are under interrogation. The amendment to the Family Court Act will
ensure that the protections against police deception will extend not
only to youth who, like the Exonerated 5, have been charged in the adult
criminal courts, but also to youth charged with juvenile delinquency in
Family Court. The amendment to Family Court Act § 344.2 is needed
because section 303.1(1) of the Family Court Act provides that
provisions of the Criminal Procedure Law are inapplicable to juvenile
delinquency proceedings in Family Court unless specifically referenced
or set forth in the Family Court Act.

All defendants in criminal cases and accused juvenile delinquents, are
presumed innocent until proven guilty and that proof should not include
evidence tainted by a false confession. Recording interrogations and
prohibiting deceptive practices in the process is a step in the right
direction that will put New York at the forefront of fairness and trans-
parency in the justice system.

 
LEGISLATIVE HISTORY:

2019-20: S6806 (Myrie)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2021-S324A (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S324A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2021-S324 - Details

2021-S324 - Summary

2021-S324 - Sponsor Memo

2021-S324 - Bill Text download pdf

co-Sponsors

2021-S324A (ACTIVE) - Details

2021-S324A (ACTIVE) - Summary

2021-S324A (ACTIVE) - Sponsor Memo

2021-S324A (ACTIVE) - Bill Text download pdf

Comments