Assembly Bill A1963

2023-2024 Legislative Session

Relates to procedures required for the custodial interrogation of children

download bill text pdf

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Current Bill Status - Stricken


  • 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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2023-A1963 (ACTIVE) - Details

See Senate Version of this Bill:
S1099
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 Other Legislative Sessions:
2019-2020: A6982, S4980
2021-2022: A5891, S2800

2023-A1963 (ACTIVE) - Summary

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

2023-A1963 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1963
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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 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
   §  3.  Paragraph  (b)  of subdivision 4 of section 305.2 of the family
 court act, as amended by section 63 of part WWW of  chapter  59  of  the
 laws of 2017, is amended to read as follows:
   (b)  WHEN  THE OFFICER DOES NOT REASONABLY BELIEVE THE PARENT OR OTHER
 PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S  CARE  WILL  APPEAR  FOR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03283-01-3
              

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