S T A T E O F N E W Y O R K
________________________________________________________________________
8384
2025-2026 Regular Sessions
I N A S S E M B L Y
May 13, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law, the executive law and the
family court act, in relation to requiring that Miranda rights state-
ments be more specific
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 9 to read as follows:
9. (A) UPON ARRESTING A DEFENDANT, INCLUDING A JUVENILE OFFENDER, FOR
ANY OFFENSE PURSUANT TO A WARRANT OF ARREST, A POLICE OFFICER SHALL
INFORM THE DEFENDANT OF THE FOLLOWING RIGHTS PRIOR TO COMMENCING ANY
QUESTIONING OR INTERROGATION:
"YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SPEAKING TO THE
POLICE AND TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING NOW OR IN THE
FUTURE. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU
BEFORE ANY QUESTIONING IF YOU WISH. IF YOU DECIDE TO ANSWER QUESTIONS
NOW WITHOUT AN ATTORNEY PRESENT, YOU WILL STILL HAVE THE RIGHT TO STOP
ANSWERING AT ANY TIME UNTIL YOU TALK TO AN ATTORNEY. KNOWING AND UNDER-
STANDING YOUR RIGHTS AS I HAVE EXPLAINED THEM TO YOU, ARE YOU WILLING TO
ANSWER MY QUESTIONS WITHOUT AN ATTORNEY PRESENT?"
(B) IN THE EVENT THAT THE DEFENDANT INDICATES THAT THE DEFENDANT DOES
NOT UNDERSTAND SUCH RIGHTS, ALL QUESTIONING OR INTERROGATION SHALL CEASE
UNTIL AN ATTORNEY HAS BEEN PROVIDED FOR THE DEFENDANT AND SUCH ATTORNEY
IS PRESENT WITH THE DEFENDANT FOR THE QUESTIONING OR INTERROGATION.
§ 2. Subdivision 6 of section 140.20 of the criminal procedure law,
as amended by section 20 of part WWW of chapter 59 of the laws of 2017,
is amended and a new subdivision 9 is added to read as follows:
6. Upon arresting a juvenile offender or a person sixteen or commenc-
ing October first, two thousand nineteen, seventeen years of age without
a warrant, the police officer shall immediately notify the parent or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09713-01-5
A. 8384 2
other person legally responsible for [his or her] THE JUVENILE
OFFENDER'S care or the person with whom [he or she] THE JUVENILE OFFEN-
DER is domiciled, that such offender or person has been arrested, and
the location of the facility where [he or she] THE JUVENILE OFFENDER is
being detained. If the officer determines that it is necessary to ques-
tion a juvenile offender or such person, the officer must take [him or
her] THE JUVENILE OFFENDER to a facility designated by the chief admin-
istrator of the courts as a suitable place for the questioning of chil-
dren or, upon the consent of a parent or other person legally responsi-
ble for the care of the juvenile or such person, to [his or her] THE
JUVENILE OFFENDER'S residence and there question [him or her] THE JUVE-
NILE OFFENDER for a reasonable period of time. A juvenile or such person
shall not be questioned pursuant to this section unless [he or she] THE
JUVENILE OFFENDER and a person required to be notified pursuant to this
subdivision, if present, have been advised[:
(a) of the juvenile offender's or such person's right to remain
silent;
(b) that the statements made by him or her may be used in a court of
law;
(c) of his or her right to have an attorney present at such question-
ing; and
(d) of his or her right to have an attorney provided for him or her
without charge if he or she is unable to afford counsel] OF THE RIGHTS
AS DESCRIBED IN SUBDIVISION NINE OF THIS SECTION.
In determining the suitability of questioning and determining the
reasonable period of time for questioning such a juvenile offender or
person, [his or her] THE JUVENILE OFFENDER'S age, the presence or
absence of [his or her] THE JUVENILE OFFENDER'S parents or other persons
legally responsible for [his or her] THE JUVENILE OFFENDER'S care and
notification pursuant to this subdivision shall be included among rele-
vant considerations.
9. (A) UPON ARRESTING A DEFENDANT, INCLUDING A JUVENILE OFFENDER, FOR
ANY OFFENSE PURSUANT TO A WARRANT OF ARREST, A POLICE OFFICER SHALL
INFORM THE DEFENDANT OF THE FOLLOWING RIGHTS PRIOR TO COMMENCING ANY
QUESTIONING OR INTERROGATION:
"YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SPEAKING TO THE
POLICE AND TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING NOW OR IN THE
FUTURE. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU
BEFORE ANY QUESTIONING IF YOU WISH. IF YOU DECIDE TO ANSWER QUESTIONS
NOW WITHOUT AN ATTORNEY PRESENT, YOU WILL STILL HAVE THE RIGHT TO STOP
ANSWERING AT ANY TIME UNTIL YOU TALK TO AN ATTORNEY. KNOWING AND UNDER-
STANDING YOUR RIGHTS AS I HAVE EXPLAINED THEM TO YOU, ARE YOU WILLING TO
ANSWER MY QUESTIONS WITHOUT AN ATTORNEY PRESENT?"
(B) IN THE EVENT THAT THE DEFENDANT INDICATES THAT THE DEFENDANT DOES
NOT UNDERSTAND SUCH RIGHTS, ALL QUESTIONING OR INTERROGATION SHALL CEASE
UNTIL AN ATTORNEY HAS BEEN PROVIDED FOR THE DEFENDANT AND SUCH ATTORNEY
IS PRESENT WITH THE DEFENDANT FOR THE QUESTIONING OR INTERROGATION.
§ 3. Subdivision 5 of section 140.27 of the criminal procedure law, as
amended by section 23 of part WWW of chapter 59 of the laws of 2017, is
amended and a new subdivision 6 is added to read as follows:
5. Upon arresting a juvenile offender or a person sixteen or commenc-
ing October first, two thousand nineteen, seventeen years of age without
a warrant, the peace officer shall immediately notify the parent or
other person legally responsible for [his or her] THE JUVENILE
OFFENDER'S care or the person with whom [he or she] THE JUVENILE OFFEN-
DER is domiciled, that such offender or person has been arrested, and
A. 8384 3
the location of the facility where [he or she] THE JUVENILE OFFENDER is
being detained. If the officer determines that it is necessary to ques-
tion a juvenile offender or such person, the officer must take [him or
her] THE JUVENILE OFFENDER to a facility designated by the chief admin-
istrator of the courts as a suitable place for the questioning of chil-
dren or, upon the consent of a parent or other person legally responsi-
ble for the care of a juvenile offender or such person, to [his or her]
THE JUVENILE OFFENDER'S residence and there question [him or her] THE
JUVENILE OFFENDER for a reasonable period of time. A juvenile offender
or such person shall not be questioned pursuant to this section unless
the juvenile offender or such person and a person required to be noti-
fied pursuant to this subdivision, if present, have been advised[:
(a) of his or her right to remain silent;
(b) that the statements made by the juvenile offender or such person
may be used in a court of law;
(c) of his or her right to have an attorney present at such question-
ing; and
(d) of his or her right to have an attorney provided for him or her
without charge if he or she is unable to afford counsel] OF THE RIGHTS
AS DESCRIBED IN SUBDIVISION SIX OF THIS SECTION.
In determining the suitability of questioning and determining the
reasonable period of time for questioning such a juvenile offender or
such person, [his or her] THE JUVENILE OFFENDER'S age, the presence or
absence of [his or her] THE JUVENILE OFFENDER'S parents or other persons
legally responsible for [his or her] THE JUVENILE OFFENDER'S care and
notification pursuant to this subdivision shall be included among rele-
vant considerations.
6. (A) UPON ARRESTING A DEFENDANT, INCLUDING A JUVENILE OFFENDER, FOR
ANY OFFENSE, A POLICE OFFICER SHALL INFORM THE DEFENDANT OF THE FOLLOW-
ING RIGHTS PRIOR TO COMMENCING ANY QUESTIONING OR INTERROGATION:
"YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SPEAKING TO THE
POLICE AND TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING NOW OR IN THE
FUTURE. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU
BEFORE ANY QUESTIONING IF YOU WISH. IF YOU DECIDE TO ANSWER QUESTIONS
NOW WITHOUT AN ATTORNEY PRESENT, YOU WILL STILL HAVE THE RIGHT TO STOP
ANSWERING AT ANY TIME UNTIL YOU TALK TO AN ATTORNEY. KNOWING AND UNDER-
STANDING YOUR RIGHTS AS I HAVE EXPLAINED THEM TO YOU, ARE YOU WILLING TO
ANSWER MY QUESTIONS WITHOUT AN ATTORNEY PRESENT?"
(B) IN THE EVENT THAT THE DEFENDANT INDICATES THAT THE DEFENDANT DOES
NOT UNDERSTAND SUCH RIGHTS, ALL QUESTIONING OR INTERROGATION SHALL CEASE
UNTIL AN ATTORNEY HAS BEEN PROVIDED FOR THE DEFENDANT AND SUCH ATTORNEY
IS PRESENT WITH THE DEFENDANT FOR THE QUESTIONING OR INTERROGATION.
§ 4. Subdivision 5 of section 140.40 of the criminal procedure law, as
amended by section 24 of part WWW of chapter 59 of the laws of 2017, is
amended and a new subdivision 7 is added to read as follows:
5. If a police officer takes an arrested juvenile offender or a person
sixteen or commencing October first, two [thosuand] THOUSAND nineteen,
seventeen years of age into custody, the police officer shall immediate-
ly notify the parent or other person legally responsible for [his or
her] THE JUVENILE OFFENDER'S care or the person with whom [he or she]
THE JUVENILE OFFENDER is domiciled, that such offender or person has
been arrested, and the location of the facility where [he or she] THE
JUVENILE OFFENDER is being detained. If the officer determines that it
is necessary to question a juvenile offender or such person the officer
must take [him or her] THE JUVENILE OFFENDER to a facility designated by
the chief administrator of the courts as a suitable place for the ques-
A. 8384 4
tioning of children or, upon the consent of a parent or other person
legally responsible for the care of the juvenile offender or such
person, to [his or her] THE JUVENILE OFFENDER'S residence and there
question [him or her] THE JUVENILE OFFENDER for a reasonable period of
time. A juvenile offender or such person shall not be questioned pursu-
ant to this section unless [he or she] THE JUVENILE OFFENDER and a
person required to be notified pursuant to this subdivision, if present,
have been advised[:
(a) of his or her right to remain silent;
(b) that the statements made by the juvenile offender or such person
may be used in a court of law;
(c) of his or her right to have an attorney present at such question-
ing; and
(d) of his or her right to have an attorney provided for him or her
without charge if he or she is unable to afford counsel] OF THE RIGHTS
AS DESCRIBED IN SUBDIVISION SEVEN OF THIS SECTION.
In determining the suitability of questioning and determining the
reasonable period of time for questioning such a juvenile offender or
such person, [his or her] THE JUVENILE OFFENDER'S age, the presence or
absence of [his or her] THE JUVENILE OFFENDER'S parents or other persons
legally responsible for [his or her] THE JUVENILE OFFENDER'S care and
notification pursuant to this subdivision shall be included among rele-
vant considerations.
7. (A) UPON ARRESTING A DEFENDANT, INCLUDING A JUVENILE OFFENDER, FOR
ANY OFFENSE, A POLICE OFFICER SHALL INFORM THE DEFENDANT OF THE FOLLOW-
ING RIGHTS PRIOR TO COMMENCING ANY QUESTIONING OR INTERROGATION:
"YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SPEAKING TO THE
POLICE AND TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING NOW OR IN THE
FUTURE. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU
BEFORE ANY QUESTIONING IF YOU WISH. IF YOU DECIDE TO ANSWER QUESTIONS
NOW WITHOUT AN ATTORNEY PRESENT, YOU WILL STILL HAVE THE RIGHT TO STOP
ANSWERING AT ANY TIME UNTIL YOU TALK TO AN ATTORNEY. KNOWING AND UNDER-
STANDING YOUR RIGHTS AS I HAVE EXPLAINED THEM TO YOU, ARE YOU WILLING TO
ANSWER MY QUESTIONS WITHOUT AN ATTORNEY PRESENT?"
(B) IN THE EVENT THAT THE DEFENDANT INDICATES THAT THE DEFENDANT DOES
NOT UNDERSTAND SUCH RIGHTS, ALL QUESTIONING OR INTERROGATION SHALL CEASE
UNTIL AN ATTORNEY HAS BEEN PROVIDED FOR THE DEFENDANT AND SUCH ATTORNEY
IS PRESENT WITH THE DEFENDANT FOR THE QUESTIONING OR INTERROGATION.
§ 5. Subdivision 1 of section 501-h of the executive law, as added by
chapter 29 of the laws of 2011, is amended to read as follows:
1. (A) If a youth is detained under the interstate compact for juve-
niles established pursuant to section five hundred one-e of this arti-
cle, [he or she] THE YOUTH shall be brought before the appropriate court
within seventy-two hours or the next day the court is in session, which-
ever is sooner, and shall be advised by the judge of [his or her right
to remain silent, his or her right to be represented by counsel of his
or her own choosing, and of the right to have an attorney assigned in
accord with, as applicable, section two hundred forty-nine of the family
court act or article eighteen-B of the county law] THE RIGHTS SET FORTH
IN PARAGRAPH (B) OF THIS SUBDIVISION. The youth shall be allowed a
reasonable time to retain counsel, contact [his or her] THE YOUTH'S
parents or other person or persons legally responsible for [his or her]
THE YOUTH'S care or an adult with whom the youth has a significant
connection, and the judge may adjourn the proceedings for such purposes.
Provided, however, that nothing in this section shall be deemed to
require a youth to contact [his or her] THE YOUTH'S parents or other
A. 8384 5
person or persons legally responsible for [his or her] THE YOUTH'S care.
Provided further, however, that counsel shall be assigned immediately,
and continue to represent the youth until any retained counsel appears.
The court shall schedule a court appearance for the youth no later than
ten days after the initial court appearance, and every ten days there-
after, while the youth is detained pursuant to the interstate compact
for juveniles unless any such appearance is waived by the attorney for
the child.
(B) A YOUTH DETAINED UNDER THE INTERSTATE COMPACT FOR JUVENILES SHALL
BE ADVISED BY THE JUDGE OF THE FOLLOWING RIGHTS PRIOR TO COMMENCING ANY
QUESTIONING, INTERROGATION, PLEA OR OTHER COURT PROCEEDINGS:
"YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SPEAKING TO THE
POLICE AND TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING NOW OR IN THE
FUTURE. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU
BEFORE ANY QUESTIONING IF YOU WISH. IF YOU DECIDE TO ANSWER QUESTIONS
NOW WITHOUT AN ATTORNEY PRESENT, YOU WILL STILL HAVE THE RIGHT TO STOP
ANSWERING AT ANY TIME UNTIL YOU TALK TO AN ATTORNEY. KNOWING AND UNDER-
STANDING YOUR RIGHTS AS I HAVE EXPLAINED THEM TO YOU, ARE YOU WILLING TO
ANSWER MY QUESTIONS WITHOUT AN ATTORNEY PRESENT?"
§ 6. Subdivision 7 of section 305.2 of the family court act, as
amended by chapter 398 of the laws of 1983, is amended to read as
follows:
7. A child shall not be questioned pursuant to this section unless
[he] THE CHILD and a person required to be notified pursuant to subdivi-
sion three if present, have been advised[:
(a) of the child's right to remain silent;
(b) that the statements made by the child may be used in a court of
law;
(c) of the child's right to have an attorney present at such question-
ing; and
(d) of the child's right to have an attorney provided for him without
charge if he is indigent] OF THE RIGHTS AS DESCRIBED IN SUBDIVISION NINE
OF THIS SECTION.
9. (A) UPON TAKING A CHILD INTO CUSTODY, A POLICE OFFICER OR PEACE
OFFICER SHALL INFORM THE DEFENDANT OF THE FOLLOWING RIGHTS PRIOR TO
COMMENCING ANY QUESTIONING OR INTERROGATION:
"YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SPEAKING TO THE
POLICE AND TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING NOW OR IN THE
FUTURE. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU
BEFORE ANY QUESTIONING IF YOU WISH. IF YOU DECIDE TO ANSWER QUESTIONS
NOW WITHOUT AN ATTORNEY PRESENT, YOU WILL STILL HAVE THE RIGHT TO STOP
ANSWERING AT ANY TIME UNTIL YOU TALK TO AN ATTORNEY. KNOWING AND UNDER-
STANDING YOUR RIGHTS AS I HAVE EXPLAINED THEM TO YOU, ARE YOU WILLING TO
ANSWER MY QUESTIONS WITHOUT AN ATTORNEY PRESENT?"
(B) IN THE EVENT THAT THE DEFENDANT INDICATES THAT THE DEFENDANT DOES
NOT UNDERSTAND SUCH RIGHTS, ALL QUESTIONING OR INTERROGATION SHALL CEASE
UNTIL AN ATTORNEY HAS BEEN PROVIDED FOR THE DEFENDANT AND SUCH ATTORNEY
IS PRESENT WITH THE DEFENDANT FOR THE QUESTIONING OR INTERROGATION.
§ 7. Section 320.3 of the family court act, as amended by chapter 41
of the laws of 2010, is amended to read as follows:
§ 320.3. Notice of rights. 1. At the time the respondent first appears
before the court, the respondent and [his or her] THE RESPONDENT'S
parent or other person legally responsible for [his or her] THE RESPOND-
ENT'S care shall be advised of the [respondent's right to remain silent
and of his or her right to be represented by counsel chosen by him or
her or by an attorney assigned by the court] RIGHTS AS DESCRIBED IN
A. 8384 6
SUBDIVISION TWO OF THIS SECTION. Provided, however, that in the event of
the failure of the respondent's parent or other person legally responsi-
ble for [his] THE RESPONDENT'S care to appear, after reasonable and
substantial effort has been made to notify such parent or responsible
person of the commencement of the proceeding and such initial appear-
ance, the court shall appoint an attorney for the respondent.
2. THE JUDGE SHALL INFORM THE DEFENDANT OF THE FOLLOWING RIGHTS PRIOR
TO COMMENCING ANY QUESTIONING, INTERROGATION OR PROCEEDING:
"YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SPEAKING TO THE
POLICE AND TO HAVE AN ATTORNEY PRESENT DURING QUESTIONING NOW OR IN THE
FUTURE. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU
BEFORE ANY QUESTIONING IF YOU WISH. IF YOU DECIDE TO ANSWER QUESTIONS
NOW WITHOUT AN ATTORNEY PRESENT, YOU WILL STILL HAVE THE RIGHT TO STOP
ANSWERING AT ANY TIME UNTIL YOU TALK TO AN ATTORNEY. KNOWING AND UNDER-
STANDING YOUR RIGHTS AS I HAVE EXPLAINED THEM TO YOU, ARE YOU WILLING TO
ANSWER MY QUESTIONS WITHOUT AN ATTORNEY PRESENT?"
§ 8. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law; provided, however,
that the amendments to section 501-h of the executive law made by
section five of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.