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S06533 Summary:

S06533 Actions:

S06533 Committee Votes:

S06533 Floor Votes:

S06533 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6533
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 15, 2019
                                       ___________
 
        Introduced  by  Sen.  MONTGOMERY  --  (at request of the Office of Court
          Administration) -- read twice and ordered printed, and when printed to
          be committed to the Committee on Rules
 
        AN ACT to amend the family court act, in relation to video recording  of
          interrogations  of  juveniles  in  juvenile delinquency proceedings in
          family court

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 8 of section 305.2 of the family court act, as
     2  amended by chapter 398 of the laws of 1983, is amended and a new  subdi-
     3  vision 5-a is  added to read as follows:
     4    5-a.  Where  a  child is subject to interrogation at a facility desig-
     5  nated by the chief administrator of the courts as a suitable  place  for
     6  the  questioning  of  juveniles  pursuant  to  subdivision  four of this
     7  section, the entire interrogation, including the giving of any  required
     8  notice  to  the  child as to his or her rights and the child's waiver of
     9  any rights, shall be video recorded in a manner consistent  with  stand-
    10  ards  established  by  rule of the division of criminal justice services
    11  pursuant to paragraph (e) of subdivision three of section 60.45  of  the
    12  criminal  procedure law. The interrogation shall be recorded in a manner
    13  such that the persons in the recording are identifiable and  the  speech
    14  is  intelligible.  A copy of the recording shall be subject to discovery
    15  pursuant to section 331.2 of this article.
    16    8. In determining the suitability of questioning and  determining  the
    17  reasonable period of time for questioning such a child, the child's age,
    18  the  presence  or absence of his or her parents or other persons legally
    19  responsible for his or her care [and], notification pursuant to subdivi-
    20  sion three and, where the child has  been  interrogated  at  a  facility
    21  designated  by the chief administrator of the courts as a suitable place
    22  for the questioning of  juveniles,  whether  the  interrogation  was  in
    23  compliance  with  the  video-recording  and  disclosure  requirements of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09847-01-9
        S. 6533                             2
 
     1  subdivision five-a of this section  shall  be  included  among  relevant
     2  considerations.
     3    §  2. Subdivision 3 of section 344.2 of the family court act, as added
     4  by section 2 of part VVV of chapter 59 of the laws of 2017,  is  amended
     5  to read as follows:
     6    3.  Where  a  respondent  is subject to [custodial] interrogation by a
     7  public servant at a facility specified in subdivision  four  of  section
     8  305.2 of this article, the entire custodial interrogation, including the
     9  giving  of  any  required  advice  of the rights of the individual being
    10  questioned, and the waiver of any rights by  the  individual,  shall  be
    11  recorded  and  governed  in  [accordance]  a manner consistent with [the
    12  provisions of paragraphs (a), (b), (c), (d) and]  standards  established
    13  by  rule  of the division of criminal justice services pursuant to para-
    14  graph (e) of subdivision three of section 60.45 of the  criminal  proce-
    15  dure law.  The interrogation shall be recorded in a manner such that the
    16  persons  in  the recording are identifiable and the speech is intelligi-
    17  ble. A copy of the recording shall be subject to discovery  pursuant  to
    18  section 331.2 of this article.
    19    §  3.  This act shall take effect on the first of November in the year
    20  next succeeding the year in which this act shall have become a  law  and
    21  shall  apply only to confessions, admissions or other statements made on
    22  or after such  effective  date.  Effective  immediately,  the  addition,
    23  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    24  implementation of this act on its effective date are  authorized  to  be
    25  made  by  the  division  of  criminal justice services on or before such
    26  effective date.