senate Bill S1099

2023-2024 Legislative Session

Relates to procedures required for the custodial interrogation of children

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2023 reported and committed to codes
Jan 10, 2023 referred to children and families

Votes

view votes

Jan 24, 2023 - Children and Families committee Vote

S1099
5
2
committee
5
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Jan 24, 2023

nay (2)

Co-Sponsors

view additional co-sponsors

S1099 (ACTIVE) - Details

See Assembly Version of this Bill:
A1963
Current Committee:
Senate Codes
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: S4980, A6982
2021-2022: S2800, A5891

S1099 (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.

S1099 (ACTIVE) - Sponsor Memo

S1099 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1099
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens. BAILEY, BRISPORT, CLEARE, COMRIE, GOUNARDES, HOYL-
   MAN,  JACKSON,  KENNEDY,  KRUEGER,  MYRIE,  PARKER,  RIVERA,  SALAZAR,
   SEPULVEDA  --  read  twice and ordered printed, and when printed to be
   committed 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03283-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.