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.
STATE OF NEW YORK
________________________________________________________________________
878--A
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, COONEY,
FAHY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY,
HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE,
PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY,
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
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 notify the parent or other person legally responsible for the child's
7 care, or if such legally responsible person is unavailable the person
8 with whom the child resides, that the child has been taken into custody.
9 § 2. Paragraph (a) of subdivision 4 of section 305.2 of the family
10 court act, as added by chapter 920 of the laws of 1982, is amended to
11 read as follows:
12 (a) when the officer reasonably believes such parent or other person
13 legally responsible for the child's care will appear, take the child to
14 the child's home, the station house, or another location agreed upon
15 with the parent or person legally responsible, and release the child to
16 the custody of [his parents or other person legally responsible for his
17 care] such person upon the issuance in accordance with section 307.1 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02102-03-5
S. 878--A 2
1 a family court appearance ticket to the child and the person to whose
2 custody the child is released; or
3 § 3. Paragraph (b) of subdivision 4 of section 305.2 of the family
4 court act, as amended by section 63 of part WWW of chapter 59 of the
5 laws of 2017, is amended to read as follows:
6 (b) when the officer does not reasonably believe the parent or other
7 person legally responsible for the child's care will appear for the
8 child, forthwith and with all reasonable speed take the child directly,
9 and without [his] the child first being taken to the police station
10 house, to the family court located in the county in which the act occa-
11 sioning the taking into custody allegedly was committed, or, when the
12 family court is not in session, to the most accessible magistrate, if
13 any, designated by the appellate division of the supreme court in the
14 applicable department to conduct a hearing under section 307.4 [of this
15 part, unless the officer determines that it is necessary to question the
16 child, in which case he or she may take the child to a facility desig-
17 nated by the chief administrator of the courts as a suitable place for
18 the questioning of children or, upon the consent of a parent or other
19 person legally responsible for the care of the child, to the child's
20 residence and there question him or her for a reasonable period of
21 time]; or
22 § 4. Paragraph (c) of subdivision 4 of section 305.2 of the family
23 court act, as amended by section 3 of part G of chapter 58 of the laws
24 of 2010, is amended to read as follows:
25 (c) when the officer does not release the child pursuant to paragraph
26 (a) of this subdivision, or take the child to family court or to a
27 magistrate pursuant to paragraph (b) of this subdivision, take the child
28 to a place certified by the office of children and family services as a
29 juvenile detention facility for the reception of children; or
30 § 5. Subdivision 5 of section 305.2 of the family court act, as
31 amended by chapter 398 of the laws of 1983, is amended to read as
32 follows:
33 5. If such child has allegedly committed a designated felony act as
34 defined in subdivision eight of section 301.2, and the family court in
35 the county is in session, the officer shall forthwith take the child
36 directly to such family court[, unless the officer takes the child to a
37 facility for questioning in accordance with paragraph (b) of subdivision
38 four. If such child has not allegedly committed a designated felony act
39 and such family court is in session, the officer shall either forthwith
40 take the child directly to such family court, unless the officer takes
41 the child to a facility for questioning in accordance with paragraph (b)
42 of subdivision four or release the child in accordance with paragraph
43 (a) of subdivision four] or, when the family court is not in session, to
44 the most accessible magistrate, if any, designated by the appellate
45 division of the supreme court in the applicable department to conduct a
46 hearing under section 307.4.
47 § 6. Subdivision 5-a of section 305.2 of the family court act, as
48 added by chapter 299 of the laws of 2020, is amended to read as follows:
49 5-a. Where a child is subject to interrogation at a facility desig-
50 nated by the chief administrator of the courts as a suitable place for
51 the questioning of juveniles pursuant to subdivision [four] seven of
52 this section, the entire interrogation, including the giving of any
53 required notice to the child as to [his or her] their rights and the
54 child's waiver of any rights, shall be video recorded in a manner
55 consistent with standards established by rule of the division of crimi-
56 nal justice services pursuant to paragraph (e) of subdivision three of
S. 878--A 3
1 section 60.45 of the criminal procedure law. The interrogation shall be
2 recorded in a manner such that the persons in the recording are iden-
3 tifiable and the speech is intelligible. A copy of the recording shall
4 be subject to discovery pursuant to section 331.2 of this article.
5 § 7. Subdivision 6 of section 305.2 of the family court act, as added
6 by chapter 920 of the laws of 1982, is amended to read as follows:
7 6. [In all other cases] If such child has not allegedly committed a
8 designated felony act, and in the absence of special circumstances, the
9 officer shall release the child in accordance with paragraph (a) of
10 subdivision four.
11 § 8. Subdivisions 7 and 8 of section 305.2 of the family court act,
12 subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi-
13 sion 8 as amended by chapter 299 of the laws of 2020, are amended and a
14 new subdivision 10 is added to read as follows:
15 7. If the officer determines that questioning of the child is neces-
16 sary prior to taking action authorized by subdivision four or five, the
17 officer may take the child to a facility designated by the chief admin-
18 istrator of the courts as a suitable place for the questioning of chil-
19 dren or, upon the consent of a parent or other person legally responsi-
20 ble for the care of the child, to the child's residence and there,
21 subject to the requirements of subdivision eight, question the child for
22 a reasonable period of time.
23 8. A child shall not be questioned pursuant to this section unless
24 [he] or until:
25 (a) the child and a person required to be notified pursuant to subdi-
26 vision three if present, have been advised:
27 [(a)] (i) of the child's right to remain silent;
28 [(b)] (ii) that the statements made by the child may be used in a
29 court of law;
30 [(c)] (iii) of the child's right to have an attorney present at such
31 questioning; and
32 [(d)] (iv) of the child's right to have an attorney provided for [him]
33 them without charge if [he is] they are indigent; and
34 (b) the child has consulted with legal counsel in person, by tele-
35 phone, or by video conference. This consultation may not be waived.
36 [8.] 9. In determining the suitability of questioning and determining
37 the reasonable period of time for questioning such a child, the child's
38 age, the presence or absence of [his or her] the child's parents or
39 other persons legally responsible for [his or her] the child's care,
40 notification pursuant to subdivision three and, where the child has been
41 interrogated at a facility designated by the chief administrator of the
42 courts as a suitable place for the questioning of juveniles, whether the
43 interrogation was in compliance with the video-recording and disclosure
44 requirements of subdivision five-a of this section shall be included
45 among relevant considerations.
46 10. In addition to statements that must be suppressed as involuntarily
47 made within the definition in subdivision two of section 344.2, a state-
48 ment shall be suppressed: when the child has not consulted with legal
49 counsel as required by paragraph (b) of subdivision eight; or when a
50 person notified pursuant to subdivision three, if present, has not been
51 advised of and voluntarily waived the rights delineated in paragraph (a)
52 of subdivision eight.
53 § 9. Section 724 of the family court act, the section heading and
54 subdivisions (b) and (c) as amended by chapter 843 of the laws of 1980,
55 subdivision (a) as amended by chapter 920 of the laws of 1982, para-
56 graphs (i) and (ii) as amended and paragraph (iv) of subdivision (b) as
S. 878--A 4
1 added by section 4 of part E of chapter 57 of the laws of 2005, para-
2 graph (iii) of subdivision (b) as amended by section 7 of part M of
3 chapter 56 of the laws of 2017, and subdivision (d) as added by chapter
4 809 of the laws of 1963, is amended to read as follows:
5 § 724. Duties of police officer or peace officer after taking into
6 custody or on delivery by private person. (a) If a peace officer or a
7 police officer takes into custody or if a person is delivered to [him]
8 the officer under section seven hundred twenty-three, the officer shall
9 immediately, before transporting the child to any other location, notify
10 the parent or other person legally responsible for [his] the person's
11 care, or the person with whom [he] the person is domiciled, that [he]
12 the person has been taken into custody.
13 (b) After making every reasonable effort to give notice under [para-
14 graph] subdivision (a) of this section, the officer shall
15 (i) when the officer reasonably believes such parent or other person
16 legally responsible for the child's care will appear, take the child to
17 the child's home, the police station house, or another location agreed
18 upon with the parent or person legally responsible, and release the
19 youth to the custody of [his or her parent or other] such person [legal-
20 ly responsible for his or her care] upon the written promise, without
21 security, of the person to whose custody the youth is released that [he
22 or she] such person will produce the youth before the lead agency desig-
23 nated pursuant to section seven hundred thirty-five of this article in
24 that county at a time and place specified in writing; or
25 (ii) when the officer does not reasonably believe such parent or other
26 person legally responsible for the child's care will appear for the
27 child, forthwith and with all reasonable speed take the youth directly,
28 and without first being taken to the police station house, to the desig-
29 nated lead agency located in the county in which the act occasioning the
30 taking into custody allegedly was done[, unless the officer determines
31 that it is necessary to question the youth, in which case he or she may
32 take the youth to a facility designated by the chief administrator of
33 the courts as a suitable place for the questioning of youth or, upon the
34 consent of a parent or other person legally responsible for the care of
35 the youth, to the youth's residence and there question him or her for a
36 reasonable period of time]; or
37 (iii) take a youth in need of crisis intervention or respite services
38 to a runaway and homeless youth crisis services program or other
39 approved respite or crisis program; or
40 (iv) take the youth directly to the family court located in the county
41 in which the act occasioning the taking into custody was allegedly done,
42 provided that the officer affirms on the record that [he or she] the
43 officer attempted to exercise the options identified in paragraphs (i),
44 (ii) and (iii) of this subdivision, was unable to exercise these
45 options, and the reasons therefor.
46 (c) In the absence of special circumstances, the officer shall release
47 the child in accord with paragraph [(b)] (i) of subdivision (b) of this
48 section.
49 (d) If the officer determines that questioning of the child is neces-
50 sary prior to taking action authorized by subdivision (b) of this
51 section, the officer may take the child to a facility designated by the
52 chief administrator of the courts as a suitable place for the question-
53 ing of children or, upon the consent of a parent or other person legally
54 responsible for the care of the child, to the child's residence and
55 there, subject to the requirements of subdivision (e) of this section,
56 question the child for a reasonable period of time.
S. 878--A 5
1 (e) In determining the suitability of questioning and determining what
2 is a "reasonable period of time" for questioning a child, the child's
3 age [and], the presence or absence of [his] the child's parents or other
4 person legally responsible for [his] the child's care and notification
5 pursuant to subdivision (a) of this section shall be included among the
6 relevant considerations.
7 (f) No statement made to a peace officer or a police officer prior to
8 the commencement of a fact-finding hearing may be admitted into evidence
9 at a fact-finding hearing.
10 § 10. Subdivision 6 of section 140.20 of the criminal procedure law,
11 as amended by section 20 of part WWW of chapter 59 of the laws of 2017,
12 is amended to read as follows:
13 6. (a) Upon arresting a juvenile offender or a person sixteen or
14 [commencing October first, two thousand nineteen,] seventeen years of
15 age without a warrant, the police officer shall immediately, before
16 transporting the child to the police station house, notify the parent or
17 other person legally responsible for [his or her] the child's care or
18 the person with whom [he or she] the child is domiciled, that such juve-
19 nile offender or [person] sixteen or seventeen year old has been
20 arrested, and the location of the facility where [he or she is being]
21 the child will be detained.
22 (b) If the officer determines that it is necessary to question a juve-
23 nile offender or [such person] sixteen or seventeen year old, the offi-
24 cer must take [him or her] the juvenile offender or sixteen or seventeen
25 year old to a facility designated by the chief administrator of the
26 courts as a suitable place for the questioning of children or, upon the
27 consent of a parent or other person legally responsible for the care of
28 the juvenile or [such person] sixteen or seventeen year old, to [his or
29 her] the juvenile offender or sixteen or seventeen year old's residence
30 and there, subject to the requirements of paragraph (c) of this subdivi-
31 sion, question [him or her] the juvenile offender or sixteen or seven-
32 teen year old for a reasonable period of time.
33 (c) A juvenile offender or [such person] sixteen or seventeen year old
34 shall not be questioned pursuant to this section unless [he or she] or
35 until:
36 (i) the juvenile offender or sixteen or seventeen year old and a
37 person required to be notified pursuant to paragraph (a) of this subdi-
38 vision, if present, have been advised:
39 [(a)] (A) of the juvenile offender's or [such person's] sixteen or
40 seventeen year old's right to remain silent;
41 [(b)] (B) that the statements made by [him or her] the juvenile offen-
42 der or sixteen or seventeen year old may be used in a court of law;
43 [(c)] (C) of [his or her] the juvenile offender or sixteen or seven-
44 teen year old's right to have an attorney present at such questioning;
45 and
46 [(d)] (D) of [his or her] the juvenile offender or sixteen or seven-
47 teen year old's right to have an attorney provided for [him or her] them
48 without charge if [he or she is] they are unable to afford counsel[.];
49 (ii) the juvenile offender or sixteen or seventeen year old has
50 consulted with an attorney in person, by telephone, or by video confer-
51 ence. This consultation may not be waived.
52 (d) In determining the suitability of questioning and determining the
53 reasonable period of time for questioning such a juvenile offender or
54 [person] sixteen or seventeen year old, [his or her] the juvenile offen-
55 der or sixteen or seventeen year old's age, the presence or absence of
56 [his or her] the juvenile offender or sixteen or seventeen year old's
S. 878--A 6
1 parents or other persons legally responsible for [his or her] the juve-
2 nile offender or sixteen or seventeen year old's care and notification
3 pursuant to paragraph (a) of this subdivision shall be included among
4 relevant considerations.
5 (e) In addition to statements that must be suppressed as involuntarily
6 made within the definition in subdivision two of section 60.45 of this
7 chapter, a statement shall be suppressed: when the child has not
8 consulted with an attorney as required by paragraph (c) of this subdivi-
9 sion; or when a person notified pursuant to paragraph (a) of this subdi-
10 vision, if present, has not been advised of and voluntarily waived the
11 rights delineated in paragraph (c) of this subdivision.
12 § 11. Subdivision 5 of section 140.27 of the criminal procedure law,
13 as amended by section 23 of part WWW of chapter 59 of the laws of 2017,
14 is amended to read as follows:
15 5. (a) Upon arresting a juvenile offender or a person sixteen or
16 [commencing October first, two thousand nineteen,] seventeen years of
17 age without a warrant, the peace officer shall immediately, before
18 transporting the child to the police station house, notify the parent or
19 other person legally responsible for [his or her] the juvenile offender
20 or sixteen or seventeen year old's care or the person with whom [he or
21 she] the juvenile offender or sixteen or seventeen year old is domi-
22 ciled, that such juvenile offender or [person] sixteen or seventeen year
23 old has been arrested, and the location of the facility where [he or she
24 is being] the juvenile offender or sixteen or seventeen year old will be
25 detained.
26 (b) If the officer determines that it is necessary to question a juve-
27 nile offender or [such person] sixteen or seventeen year old, the offi-
28 cer must take [him or her] the juvenile offender or sixteen or seventeen
29 year old to a facility designated by the chief administrator of the
30 courts as a suitable place for the questioning of children or, upon the
31 consent of a parent or other person legally responsible for the care of
32 a juvenile offender or [such person] sixteen or seventeen year old, to
33 [his or her] the juvenile offender or sixteen or seventeen year old's
34 residence and there, subject to the requirements of paragraph (c) of
35 this subdivision, question [him or her] the juvenile offender or sixteen
36 or seventeen year old for a reasonable period of time.
37 (c) A juvenile offender or [such person] sixteen or seventeen year old
38 shall not be questioned pursuant to this section unless or until:
39 (i) the juvenile offender or [such person] sixteen or seventeen year
40 old and a person required to be notified pursuant to paragraph (a) of
41 this subdivision, if present, have been advised:
42 [(a)] (A) of [his or her] the juvenile offender or sixteen or seven-
43 teen year old's right to remain silent;
44 [(b)] (B) that the statements made by the juvenile offender or [such
45 person] sixteen or seventeen year old may be used in a court of law;
46 [(c)] (C) of [his or her] the juvenile offender or sixteen or seven-
47 teen year old's right to have an attorney present at such questioning;
48 and
49 [(d)] (D) of [his or her] the juvenile offender or sixteen or seven-
50 teen year old's right to have an attorney provided for [him or her] the
51 juvenile offender or sixteen or seventeen year old without charge if [he
52 or she] the juvenile offender or sixteen or seventeen year old is
53 unable to afford counsel[.]; and
54 (ii) the juvenile offender or sixteen or seventeen year old has
55 consulted with an attorney in person, by telephone or by video confer-
56 ence. This consultation may not be waived.
S. 878--A 7
1 (d) In determining the suitability of questioning and determining the
2 reasonable period of time for questioning such a juvenile offender or
3 [such person his or her] sixteen or seventeen year old, the juvenile
4 offender or sixteen or seventeen year old's age, the presence or absence
5 of [his or her] the juvenile offender or sixteen or seventeen year old's
6 parents or other persons legally responsible for [his or her] the juve-
7 nile offender or sixteen or seventeen year old's care and notification
8 pursuant to paragraph (a) of this subdivision shall be included among
9 relevant considerations.
10 (e) In addition to statements that must be suppressed as involuntarily
11 made within the definition in subdivision two of section 60.45 of this
12 chapter, a statement shall be suppressed: when the child has not
13 consulted with an attorney as required by paragraph (c) of this subdivi-
14 sion; or when a person notified pursuant to paragraph (a) of this subdi-
15 vision, if present, has not been advised of and voluntarily waived the
16 rights delineated in paragraph (c) of this subdivision.
17 § 12. Subdivision 5 of section 140.40 of the criminal procedure law,
18 as amended by section 24 of part WWW of chapter 59 of the laws of 2017,
19 is amended to read as follows:
20 5. (a) If a police officer takes an arrested juvenile offender or a
21 person sixteen or [commencing October first, two thousand nineteen,]
22 seventeen years of age into custody, the police officer shall immediate-
23 ly, before transporting the child to the police station house notify the
24 parent or other person legally responsible for [his or her] the juvenile
25 offender or sixteen or seventeen year old's care or the person with whom
26 [he or she] the juvenile offender or sixteen or seventeen year old is
27 domiciled, that such juvenile offender or [person] sixteen or seventeen
28 year old has been arrested, and the location of the facility where [he
29 or she is being] the juvenile offender or sixteen or seventeen year old
30 will be detained.
31 (b) If the officer determines that it is necessary to question a juve-
32 nile offender or [such person] sixteen or seventeen year old the officer
33 must take [him or her] the juvenile offender or sixteen or seventeen
34 year old to a facility designated by the chief administrator of the
35 courts as a suitable place for the questioning of children or, upon the
36 consent of a parent or other person legally responsible for the care of
37 the juvenile offender or [such person] sixteen or seventeen year old, to
38 [his or her] the juvenile offender or sixteen or seventeen year old's
39 residence and there, subject to the requirements of paragraph (c) of
40 this subdivision, question [him or her] the juvenile offender or sixteen
41 or seventeen year old for a reasonable period of time.
42 (c) A juvenile offender or [such person] sixteen or seventeen year old
43 shall not be questioned pursuant to this section unless [he or she] or
44 until:
45 (i) the juvenile offender or sixteen or seventeen year old and a
46 person required to be notified pursuant to paragraph (a) of this subdi-
47 vision, if present, have been advised:
48 [(a)] (A) of [his or her] the juvenile offender or sixteen or seven-
49 teen year old's right to remain silent;
50 [(b)] (B) that the statements made by the juvenile offender or [such
51 person] sixteen or seventeen year old may be used in a court of law;
52 [(c)] (C) of [his or her] the juvenile offender or sixteen or seven-
53 teen year old's right to have an attorney present at such questioning;
54 and
55 [(d)] (D) of [his or her] the juvenile offender or sixteen or seven-
56 teen year old's right to have an attorney provided for [him or her] them
S. 878--A 8
1 without charge if [he or she is] they are unable to afford counsel[.];
2 and
3 (ii) the juvenile offender or sixteen or seventeen year old has
4 consulted with an attorney in person, by telephone, or by video confer-
5 ence. This consultation may not be waived.
6 (d) In determining the suitability of questioning and determining the
7 reasonable period of time for questioning such a juvenile offender or
8 [such person] sixteen or seventeen year old, [his or her] the juvenile
9 offender or sixteen or seventeen year old's age, the presence or absence
10 of [his or her] the juvenile offender or sixteen or seventeen year old's
11 parents or other persons legally responsible for [his or her] the juve-
12 nile offender or sixteen or seventeen year old's care and notification
13 pursuant to paragraph (a) of this subdivision shall be included among
14 relevant considerations.
15 (e) In addition to statements that must be suppressed as involuntarily
16 made within the definition in subdivision two of section 60.45 of this
17 chapter, a statement shall be suppressed: when the child has not
18 consulted with an attorney as required by paragraph (c) of this subdivi-
19 sion; or when a person notified pursuant to paragraph (a) of this subdi-
20 vision, if present, has not been advised of and voluntarily waived the
21 rights delineated in paragraph (c) of this subdivision.
22 § 13. This act shall take effect April 1, 2026.
