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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S00878 Summary: BILL NO S00878C &nbsp SAME AS SAME AS A02620-B

&nbsp SPONSOR BAILEY &nbsp COSPNSR BASKIN, BOTTCHER, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, SUTTON, WEBB, ZELLNER &nbsp MLTSPNSR &nbsp Amd §§305.2 & 724, Fam Ct Act; amd §§140.20, 140.27 & 140.40, CP L &nbsp 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.

Go to top S00878 Text:

STATE OF NEW YORK ________________________________________________________________________

878--C

2025-2026 Regular Sessions

IN SENATE

(Prefiled)

January 8, 2025 ___________

Introduced by Sens. BAILEY, BASKIN, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, SUTTON, WEBB -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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:

1 Section 1. Subdivision 3 of section 305.2 of the family court act, as 2 added by chapter 920 of the laws of 1982, is amended to read as follows: 3 3. If an officer takes such child into custody or if a child is deliv- 4 ered to [ him ] an officer under section 305.1, [ he ] the officer shall 5 immediately , before transporting the child to the police station house, 6 make every reasonable effort to notify the parent or other person legal- 7 ly responsible for the child's care, or if such legally responsible 8 person is unavailable the person with whom the child resides, that the 9 child has been taken into custody.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02102-07-6

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1 § 2. Paragraph (a) of subdivision 4 of section 305.2 of the family 2 court act, as added by chapter 920 of the laws of 1982, is amended to 3 read as follows: 4 (a) when the officer reasonably believes such parent or other person 5 legally responsible for the child's care will appear, take the child to 6 the child's home, the station house, or another location agreed upon 7 with the parent or person legally responsible, and release the child to 8 the custody of [ his parents or other person legally responsible for his 9 care ] such person upon the issuance in accordance with section 307.1 of 10 a family court appearance ticket to the child and the person to whose 11 custody the child is released; or 12 § 3. Paragraph (b) of subdivision 4 of section 305.2 of the family 13 court act, as amended by section 63 of part WWW of chapter 59 of the 14 laws of 2017, is amended to read as follows: 15 (b) when the officer does not reasonably believe the parent or other 16 person legally responsible for the child's care will appear for the 17 child, forthwith and with all reasonable speed take the child directly, 18 and without [ his ] the child first being taken to the police station 19 house, to the family court located in the county in which the act occa- 20 sioning the taking into custody allegedly was committed, or, when the 21 family court is not in session, to the most accessible magistrate, if 22 any, designated by the appellate division of the supreme court in the 23 applicable department to conduct a hearing under section 307.4 [ of this 24 part, unless the officer determines that it is necessary to question the 25 child, in which case he or she may take the child to a facility desig- 26 nated by the chief administrator of the courts as a suitable place for 27 the questioning of children or, upon the consent of a parent or other 28 person legally responsible for the care of the child, to the child's 29 residence and there question him or her for a reasonable period of 30 time ]; or 31 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family 32 court act, as amended by section 3 of part G of chapter 58 of the laws 33 of 2010, is amended to read as follows: 34 (c) when the officer does not release the child pursuant to paragraph 35 (a) of this subdivision, or take the child to family court or to a 36 magistrate pursuant to paragraph (b) of this subdivision, take the child 37 to a place certified by the office of children and family services as a 38 juvenile detention facility for the reception of children; or 39 § 5. Subdivision 5 of section 305.2 of the family court act, as 40 amended by chapter 398 of the laws of 1983, is amended to read as 41 follows: 42 5. If such child has allegedly committed a designated felony act as 43 defined in subdivision eight of section 301.2, and the family court in 44 the county is in session, the officer shall forthwith take the child 45 directly to such family court[ , unless the officer takes the child to a 46 facility for questioning in accordance with paragraph (b) of subdivision 47 four. If such child has not allegedly committed a designated felony act 48 and such family court is in session, the officer shall either forthwith 49 take the child directly to such family court, unless the officer takes 50 the child to a facility for questioning in accordance with paragraph (b) 51 of subdivision four or release the child in accordance with paragraph 52 (a) of subdivision four ] or, when the family court is not in session, to 53 the most accessible magistrate, if any, designated by the appellate 54 division of the supreme court in the applicable department to conduct a 55 hearing under section 307.4 .

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1 § 6. Subdivision 5-a of section 305.2 of the family court act, as 2 added by chapter 299 of the laws of 2020, is amended to read as follows: 3 5-a. Where a child is subject to interrogation at a facility desig- 4 nated by the chief administrator of the courts as a suitable place for 5 the questioning of juveniles pursuant to subdivision [ four ] seven of 6 this section, the entire interrogation, including the giving of any 7 required notice to the child as to [ his or her ] their rights and the 8 child's waiver of any rights, shall be video recorded in a manner 9 consistent with standards established by rule of the division of crimi- 10 nal justice services pursuant to paragraph (e) of subdivision three of 11 section 60.45 of the criminal procedure law. The interrogation shall be 12 recorded in a manner such that the persons in the recording are iden- 13 tifiable and the speech is intelligible. A copy of the recording shall 14 be subject to discovery pursuant to section 331.2 of this article. 15 § 7. Subdivision 6 of section 305.2 of the family court act, as added 16 by chapter 920 of the laws of 1982, is amended to read as follows: 17 6. [ In all other cases ] If such child has not allegedly committed a 18 designated felony act , and in the absence of special circumstances, the 19 officer shall release the child in accordance with paragraph (a) of 20 subdivision four. 21 § 8. Subdivisions 7 and 8 of section 305.2 of the family court act, 22 subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi- 23 sion 8 as amended by chapter 299 of the laws of 2020, are amended and a 24 new subdivision 10 is added to read as follows: 25 7. If the officer determines that questioning of the child is neces- 26 sary prior to taking action authorized by subdivision four or five, the 27 officer may take the child to a facility designated by the chief admin- 28 istrator of the courts as a suitable place for the questioning of chil- 29 dren or, upon the consent of a parent or other person legally responsi- 30 ble for the care of the child, to the child's residence and there, 31 subject to the requirements of subdivision eight, question the child for 32 a reasonable period of time. 33 8. A child shall not be questioned pursuant to this section unless 34 [ he ] or until: 35 (a) the child and a person required to be notified pursuant to subdi- 36 vision three if present, have been advised: 37 [ (a) ] (i) of the child's right to remain silent; 38 [ (b) ] (ii) that the statements made by the child may be used in a 39 court of law; 40 [ (c) ] (iii) of the child's right to have an attorney present at such 41 questioning; and 42 [ (d) ] (iv) of the child's right to have an attorney provided for [ him ] 43 them without charge if [ he is ] they are indigent ; and 44 (b) the child has consulted with legal counsel in person, by tele- 45 phone, or by video conference. This consultation may not be waived . 46 [ 8. ] 9. In determining the suitability of questioning and determining 47 the reasonable period of time for questioning such a child, the child's 48 age, the presence or absence of [ his or her ] the child's parents or 49 other persons legally responsible for [ his or her ] the child's care, 50 notification pursuant to subdivision three and, where the child has been 51 interrogated at a facility designated by the chief administrator of the 52 courts as a suitable place for the questioning of juveniles, whether the 53 interrogation was in compliance with the video-recording and disclosure 54 requirements of subdivision five-a of this section shall be included 55 among relevant considerations.

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1 10. In addition to statements that must be suppressed as involuntarily 2 made within the definition in subdivision two of section 344.2, a state- 3 ment shall be suppressed: when the child has not consulted with legal 4 counsel as required by paragraph (b) of subdivision eight; or when a 5 person notified pursuant to subdivision three, if present, has not been 6 advised of and voluntarily waived the rights delineated in paragraph (a) 7 of subdivision eight. 8 § 9. Section 724 of the family court act, the section heading and 9 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980, 10 subdivision (a) as amended by chapter 920 of the laws of 1982, para- 11 graphs (i) and (ii) as amended and paragraph (iv) of subdivision (b) as 12 added by section 4 of part E of chapter 57 of the laws of 2005, para- 13 graph (iii) of subdivision (b) as amended by section 7 of part M of 14 chapter 56 of the laws of 2017, and subdivision (d) as added by chapter 15 809 of the laws of 1963, is amended to read as follows: 16 § 724. Duties of police officer or peace officer after taking into 17 custody or on delivery by private person. (a) If a peace officer or a 18 police officer takes into custody or if a person is delivered to [ him ] 19 the officer under section seven hundred twenty-three, the officer shall 20 immediately , before transporting the child to any other location, make 21 every reasonable effort to notify the parent or other person legally 22 responsible for [ his ] the person's care, or the person with whom [ he ] 23 the person is domiciled, that [ he ] the person has been taken into custo- 24 dy. 25 (b) After making every reasonable effort to give notice under [ para- 26 graph ] subdivision (a) of this section , the officer shall 27 (i) when the officer reasonably believes such parent or other person 28 legally responsible for the child's care will appear, take the child to 29 the child's home, the police station house, or another location agreed 30 upon with the parent or person legally responsible, and release the 31 youth to the custody of [ his or her parent or other ] such person [ legal- 32 ly responsible for his or her care ] upon the written promise, without 33 security, of the person to whose custody the youth is released that [ he 34 or she ] such person will produce the youth before the lead agency desig- 35 nated pursuant to section seven hundred thirty-five of this article in 36 that county at a time and place specified in writing; or 37 (ii) when the officer does not reasonably believe such parent or other 38 person legally responsible for the child's care will appear for the 39 child, forthwith and with all reasonable speed take the youth directly, 40 and without first being taken to the police station house, to the desig- 41 nated lead agency located in the county in which the act occasioning the 42 taking into custody allegedly was done[ , unless the officer determines 43 that it is necessary to question the youth, in which case he or she may 44 take the youth to a facility designated by the chief administrator of 45 the courts as a suitable place for the questioning of youth or, upon the 46 consent of a parent or other person legally responsible for the care of 47 the youth, to the youth's residence and there question him or her for a 48 reasonable period of time ]; or 49 (iii) take a youth in need of crisis intervention or respite services 50 to a runaway and homeless youth crisis services program or other 51 approved respite or crisis program; or 52 (iv) take the youth directly to the family court located in the county 53 in which the act occasioning the taking into custody was allegedly done, 54 provided that the officer affirms on the record that [ he or she ] the 55 officer attempted to exercise the options identified in paragraphs (i),

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1 (ii) and (iii) of this subdivision, was unable to exercise these 2 options, and the reasons therefor. 3 (c) In the absence of special circumstances, the officer shall release 4 the child in accord with paragraph [ (b) ] (i) of subdivision (b) of this 5 section . 6 (d) If the officer determines that questioning of the child is neces- 7 sary prior to taking action authorized by subdivision (b) of this 8 section, the officer may take the child to a facility designated by the 9 chief administrator of the courts as a suitable place for the question- 10 ing of children or, upon the consent of a parent or other person legally 11 responsible for the care of the child, to the child's residence and 12 there, subject to the requirements of subdivision (e) of this section, 13 question the child for a reasonable period of time. 14 (e) In determining the suitability of questioning and determining what 15 is a "reasonable period of time" for questioning a child, the child's 16 age [ and ] , the presence or absence of [ his ] the child's parents or other 17 person legally responsible for [ his ] the child's care and notification 18 pursuant to subdivision (a) of this section shall be included among the 19 relevant considerations. 20 (f) No statement made to a peace officer or a police officer prior to 21 the commencement of a fact-finding hearing may be admitted into evidence 22 at a fact-finding hearing. 23 § 10. Subdivision 6 of section 140.20 of the criminal procedure law, 24 as amended by section 20 of part WWW of chapter 59 of the laws of 2017, 25 is amended to read as follows: 26 6. (a) Upon arresting a juvenile offender or a person sixteen or 27 [ commencing October first, two thousand nineteen, ] seventeen years of 28 age without a warrant, the police officer shall immediately , before 29 transporting the child to the police station house, make every reason- 30 able effort to notify the parent or other person legally responsible for 31 [ his or her ] the child's care or the person with whom [ he or she ] the 32 child is domiciled, that such juvenile offender or [ person ] sixteen or 33 seventeen year old has been arrested, and the location of the facility 34 where [ he or she is being ] the child will be detained. 35 (b) If the officer determines that it is necessary to question a juve- 36 nile offender or [ such person ] sixteen or seventeen year old , the offi- 37 cer must take [ him or her ] the juvenile offender or sixteen or seventeen 38 year old to a facility designated by the chief administrator of the 39 courts as a suitable place for the questioning of children or, upon the 40 consent of a parent or other person legally responsible for the care of 41 the juvenile or [ such person ] sixteen or seventeen year old , to [ his or 42 her ] the juvenile offender or sixteen or seventeen year old's residence 43 and there , subject to the requirements of paragraph (c) of this subdivi- 44 sion, question [ him or her ] the juvenile offender or sixteen or seven- 45 teen year old for a reasonable period of time. 46 (c) A juvenile offender or [ such person ] sixteen or seventeen year old 47 shall not be questioned pursuant to this section unless [ he or she ] or 48 until: 49 (i) the juvenile offender or sixteen or seventeen year old and a 50 person required to be notified pursuant to paragraph (a) of this subdi- 51 vision, if present, have been advised: 52 [ (a) ] (A) of the juvenile offender's or [ such person's ] sixteen or 53 seventeen year old's right to remain silent; 54 [ (b) ] (B) that the statements made by [ him or her ] the juvenile offen- 55 der or sixteen or seventeen year old may be used in a court of law;

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1 [ (c) ] (C) of [ his or her ] the juvenile offender or sixteen or seven- 2 teen year old's right to have an attorney present at such questioning; 3 and 4 [ (d) ] (D) of [ his or her ] the juvenile offender or sixteen or seven- 5 teen year old's right to have an attorney provided for [ him or her ] them 6 without charge if [ he or she is ] they are unable to afford counsel[ . ] ; 7 (ii) the juvenile offender or sixteen or seventeen year old has 8 consulted with an attorney in person, by telephone, or by video confer- 9 ence. This consultation may not be waived. 10 (d) In determining the suitability of questioning and determining the 11 reasonable period of time for questioning such a juvenile offender or 12 [ person ] sixteen or seventeen year old , [ his or her ] the juvenile offen- 13 der or sixteen or seventeen year old's age, the presence or absence of 14 [ his or her ] the juvenile offender or sixteen or seventeen year old's 15 parents or other persons legally responsible for [ his or her ] the juve- 16 nile offender or sixteen or seventeen year old's care and notification 17 pursuant to paragraph (a) of this subdivision shall be included among 18 relevant considerations. 19 (e) In addition to statements that must be suppressed as involuntarily 20 made within the definition in subdivision two of section 60.45 of this 21 chapter, a statement shall be suppressed: when the child has not 22 consulted with an attorney as required by paragraph (c) of this subdivi- 23 sion; or when a person notified pursuant to paragraph (a) of this subdi- 24 vision, if present, has not been advised of and voluntarily waived the 25 rights delineated in paragraph (c) of this subdivision. 26 § 11. Subdivision 5 of section 140.27 of the criminal procedure law, 27 as amended by section 23 of part WWW of chapter 59 of the laws of 2017, 28 is amended to read as follows: 29 5. (a) Upon arresting a juvenile offender or a person sixteen or 30 [ commencing October first, two thousand nineteen, ] seventeen years of 31 age without a warrant, the peace officer shall immediately , before 32 transporting the child to the police station house, make every reason- 33 able effort to notify the parent or other person legally responsible for 34 [ his or her ] the juvenile offender or sixteen or seventeen year old's 35 care or the person with whom [ he or she ] the juvenile offender or 36 sixteen or seventeen year old is domiciled, that such juvenile offender 37 or [ person ] sixteen or seventeen year old has been arrested, and the 38 location of the facility where [ he or she is being ] the juvenile offen- 39 der or sixteen or seventeen year old will be detained. 40 (b) If the officer determines that it is necessary to question a juve- 41 nile offender or [ such person ] sixteen or seventeen year old , the offi- 42 cer must take [ him or her ] the juvenile offender or sixteen or seventeen 43 year old to a facility designated by the chief administrator of the 44 courts as a suitable place for the questioning of children or, upon the 45 consent of a parent or other person legally responsible for the care of 46 a juvenile offender or [ such person ] sixteen or seventeen year old , to 47 [ his or her ] the juvenile offender or sixteen or seventeen year old's 48 residence and there , subject to the requirements of paragraph (c) of 49 this subdivision, question [ him or her ] the juvenile offender or sixteen 50 or seventeen year old for a reasonable period of time. 51 (c) A juvenile offender or [ such person ] sixteen or seventeen year old 52 shall not be questioned pursuant to this section unless or until: 53 (i) the juvenile offender or [ such person ] sixteen or seventeen year 54 old and a person required to be notified pursuant to paragraph (a) of 55 this subdivision, if present, have been advised:

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1 [ (a) ] (A) of [ his or her ] the juvenile offender or sixteen or seven- 2 teen year old's right to remain silent; 3 [ (b) ] (B) that the statements made by the juvenile offender or [ such 4 person ] sixteen or seventeen year old may be used in a court of law; 5 [ (c) ] (C) of [ his or her ] the juvenile offender or sixteen or seven- 6 teen year old's right to have an attorney present at such questioning; 7 and 8 [ (d) ] (D) of [ his or her ] the juvenile offender or sixteen or seven- 9 teen year old's right to have an attorney provided for [ him or her ] the 10 juvenile offender or sixteen or seventeen year old without charge if [ he 11 or she ] the juvenile offender or sixteen or seventeen year old is 12 unable to afford counsel[ . ] ; and 13 (ii) the juvenile offender or sixteen or seventeen year old has 14 consulted with an attorney in person, by telephone or by video confer- 15 ence. This consultation may not be waived. 16 (d) In determining the suitability of questioning and determining the 17 reasonable period of time for questioning such a juvenile offender or 18 [ such person his or her ] sixteen or seventeen year old, the juvenile 19 offender or sixteen or seventeen year old's age, the presence or absence 20 of [ his or her ] the juvenile offender or sixteen or seventeen year old's 21 parents or other persons legally responsible for [ his or her ] the juve- 22 nile offender or sixteen or seventeen year old's care and notification 23 pursuant to paragraph (a) of this subdivision shall be included among 24 relevant considerations. 25 (e) In addition to statements that must be suppressed as involuntarily 26 made within the definition in subdivision two of section 60.45 of this 27 chapter, a statement shall be suppressed: when the child has not 28 consulted with an attorney as required by paragraph (c) of this subdivi- 29 sion; or when a person notified pursuant to paragraph (a) of this subdi- 30 vision, if present, has not been advised of and voluntarily waived the 31 rights delineated in paragraph (c) of this subdivision. 32 § 12. Subdivision 5 of section 140.40 of the criminal procedure law, 33 as amended by section 24 of part WWW of chapter 59 of the laws of 2017, 34 is amended to read as follows: 35 5. (a) If a police officer takes an arrested juvenile offender or a 36 person sixteen or [ commencing October first, two thousand nineteen, ] 37 seventeen years of age into custody, the police officer shall immediate- 38 ly , before transporting the child to the police station house, make 39 every reasonable effort to notify the parent or other person legally 40 responsible for [ his or her ] the juvenile offender or sixteen or seven- 41 teen year old's care or the person with whom [ he or she ] the juvenile 42 offender or sixteen or seventeen year old is domiciled, that such juve- 43 nile offender or [ person ] sixteen or seventeen year old has been 44 arrested, and the location of the facility where [ he or she is being ] 45 the juvenile offender or sixteen or seventeen year old will be detained. 46 (b) If the officer determines that it is necessary to question a juve- 47 nile offender or [ such person ] sixteen or seventeen year old the officer 48 must take [ him or her ] the juvenile offender or sixteen or seventeen 49 year old to a facility designated by the chief administrator of the 50 courts as a suitable place for the questioning of children or, upon the 51 consent of a parent or other person legally responsible for the care of 52 the juvenile offender or [ such person ] sixteen or seventeen year old , to 53 [ his or her ] the juvenile offender or sixteen or seventeen year old's 54 residence and there , subject to the requirements of paragraph (c) of 55 this subdivision, question [ him or her ] the juvenile offender or sixteen 56 or seventeen year old for a reasonable period of time.

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1 (c) A juvenile offender or [ such person ] sixteen or seventeen year old 2 shall not be questioned pursuant to this section unless [ he or she ] or 3 until: 4 (i) the juvenile offender or sixteen or seventeen year old and a 5 person required to be notified pursuant to paragraph (a) of this subdi- 6 vision, if present, have been advised: 7 [ (a) ] (A) of [ his or her ] the juvenile offender or sixteen or seven- 8 teen year old's right to remain silent; 9 [ (b) ] (B) that the statements made by the juvenile offender or [ such 10 person ] sixteen or seventeen year old may be used in a court of law; 11 [ (c) ] (C) of [ his or her ] the juvenile offender or sixteen or seven- 12 teen year old's right to have an attorney present at such questioning; 13 and 14 [ (d) ] (D) of [ his or her ] the juvenile offender or sixteen or seven- 15 teen year old's right to have an attorney provided for [ him or her ] them 16 without charge if [ he or she is ] they are unable to afford counsel[ . ] ; 17 and 18 (ii) the juvenile offender or sixteen or seventeen year old has 19 consulted with an attorney in person, by telephone, or by video confer- 20 ence. This consultation may not be waived. 21 (d) In determining the suitability of questioning and determining the 22 reasonable period of time for questioning such a juvenile offender or 23 [ such person ] sixteen or seventeen year old , [ his or her ] the juvenile 24 offender or sixteen or seventeen year old's age, the presence or absence 25 of [ his or her ] the juvenile offender or sixteen or seventeen year old's 26 parents or other persons legally responsible for [ his or her ] the juve- 27 nile offender or sixteen or seventeen year old's care and notification 28 pursuant to paragraph (a) of this subdivision shall be included among 29 relevant considerations. 30 (e) In addition to statements that must be suppressed as involuntarily 31 made within the definition in subdivision two of section 60.45 of this 32 chapter, a statement shall be suppressed: when the child has not 33 consulted with an attorney as required by paragraph (c) of this subdivi- 34 sion; or when a person notified pursuant to paragraph (a) of this subdi- 35 vision, if present, has not been advised of and voluntarily waived the 36 rights delineated in paragraph (c) of this subdivision. 37 § 13. This act shall take effect on the one hundred eightieth day 38 after it shall have become a law.

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