Senate Bill S476

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    476
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. GIANARIS, BRESLIN, COMRIE, HOYLMAN, SERRANO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to requiring law enforcement authorities  to  advise  persons
   under  the  age  of eighteen years of certain rights when such persons
   are questioned while in custody
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 60.45 of the criminal procedure law is amended by
 adding a new subdivision 4 to read as follows:
   4. A CONFESSION, ADMISSION OR OTHER STATEMENT IS "INVOLUNTARILY  MADE"
 BY  A DEFENDANT, WHO IS UNDER EIGHTEEN YEARS OF AGE, WHEN IT IS OBTAINED
 FROM HIM OR HER WHILE HE OR SHE IS SUBJECT TO A CUSTODIAL  INTERROGATION
 BY  A  PUBLIC SERVANT ENGAGED IN LAW ENFORCEMENT ACTIVITY, PRIOR TO SUCH
 PUBLIC SERVANT:
   (A) CONTINUOUSLY READING, IN ITS ENTIRETY, TO THE  DEFENDANT,  WITHOUT
 STOPPING  FOR  PURPOSES  OF  A  RESPONSE FROM THE DEFENDANT OR VERIFYING
 COMPREHENSION, THE FOLLOWING STATEMENT:
   "YOU HAVE THE RIGHT TO REMAIN SILENT. THAT MEANS, YOU DO NOT  HAVE  TO
 SAY  ANYTHING.  ANYTHING  YOU  SAY CAN BE USED AGAINST YOU IN COURT. YOU
 HAVE THE RIGHT TO GET HELP FROM A LAWYER. IF YOU CANNOT  PAY  A  LAWYER,
 THE  COURT  WILL  GET  YOU ONE FOR FREE. YOU HAVE THE RIGHT TO STOP THIS
 INTERVIEW AT ANY TIME."; AND
   (B) AFTER READING THE STATEMENT REQUIRED  BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ASKING  THE  DEFENDANT THE FOLLOWING QUESTIONS AND WAITING
 FOR THE DEFENDANT'S RESPONSE THERETO FOR EACH QUESTION:
   "DO YOU WANT TO TALK TO ME?
   DO YOU WANT TO HAVE A LAWYER?".
   § 2. Subdivision 4 of section 344.2 of the family court act, as renum-
 bered by section 2 of part VVV of chapter 59 of the  laws  of  2017,  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02666-01-3
              

 S. 476                              2
 
 renumbered  subdivision  5  and  a new subdivision 4 is added to read as
 follows:
   4.  A CONFESSION, ADMISSION OR OTHER STATEMENT IS "INVOLUNTARILY MADE"
 BY A RESPONDENT WHEN IT IS OBTAINED FROM HIM OR HER WHILE HE OR  SHE  IS
 SUBJECT  TO A CUSTODIAL INTERROGATION BY A PUBLIC SERVANT ENGAGED IN LAW
 ENFORCEMENT ACTIVITY, PRIOR TO SUCH PUBLIC SERVANT:
   (A) CONTINUOUSLY READING, IN ITS ENTIRETY, TO THE RESPONDENT,  WITHOUT
 STOPPING  FOR  PURPOSES  OF  A RESPONSE FROM THE RESPONDENT OR VERIFYING
 COMPREHENSION, THE FOLLOWING STATEMENT:
   "YOU HAVE THE RIGHT TO REMAIN SILENT. THAT MEANS, YOU DO NOT  HAVE  TO
 SAY  ANYTHING.  ANYTHING  YOU  SAY CAN BE USED AGAINST YOU IN COURT. YOU
 HAVE THE RIGHT TO GET HELP FROM A LAWYER. IF YOU CANNOT  PAY  A  LAWYER,
 THE  COURT  WILL  GET  YOU ONE FOR FREE. YOU HAVE THE RIGHT TO STOP THIS
 INTERVIEW AT ANY TIME."; AND
   (B) AFTER READING THE STATEMENT REQUIRED  BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ASKING  THE RESPONDENT THE FOLLOWING QUESTIONS AND WAITING
 FOR THE RESPONDENT'S RESPONSE THERETO FOR EACH QUESTION:
   "DO YOU WANT TO TALK TO ME?
   DO YOU WANT TO HAVE A LAWYER?".
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.