Requires that Miranda rights statements be more specific with respect to the right to counsel; requires inquiry into whether such rights are understood.
STATE OF NEW YORK
________________________________________________________________________
9152
IN SENATE
February 6, 2026
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed 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:
1 Section 1. Section 120.90 of the criminal procedure law is amended by
2 adding a new subdivision 9 to read as follows:
3 9. (a) Upon arresting a defendant, including a juvenile offender, for
4 any offense pursuant to a warrant of arrest, a police officer shall
5 inform the defendant of the following rights prior to commencing any
6 questioning or interrogation:
7 "You have the right to consult an attorney before speaking to the
8 police and to have an attorney present during questioning now or in the
9 future. If you cannot afford an attorney, one will be appointed for you
10 before any questioning if you wish. If you decide to answer questions
11 now without an attorney present, you will still have the right to stop
12 answering at any time until you talk to an attorney. Knowing and under-
13 standing your rights as I have explained them to you, are you willing to
14 answer my questions without an attorney present?"
15 (b) In the event that the defendant indicates that the defendant does
16 not understand such rights, all questioning or interrogation shall cease
17 until an attorney has been provided for the defendant and such attorney
18 is present with the defendant for the questioning or interrogation.
19 § 2. Subdivision 6 of section 140.20 of the criminal procedure law,
20 as amended by section 20 of part WWW of chapter 59 of the laws of 2017,
21 is amended and a new subdivision 9 is added to read as follows:
22 6. Upon arresting a juvenile offender or a person sixteen or commenc-
23 ing October first, two thousand nineteen, seventeen years of age without
24 a warrant, the police officer shall immediately notify the parent or
25 other person legally responsible for [his or her] the juvenile
26 offender's care or the person with whom [he or she] the juvenile offen-
27 der is domiciled, that such offender or person has been arrested, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09713-01-5
S. 9152 2
1 the location of the facility where [he or she] the juvenile offender is
2 being detained. If the officer determines that it is necessary to ques-
3 tion a juvenile offender or such person, the officer must take [him or
4 her] the juvenile offender to a facility designated by the chief admin-
5 istrator of the courts as a suitable place for the questioning of chil-
6 dren or, upon the consent of a parent or other person legally responsi-
7 ble for the care of the juvenile or such person, to [his or her] the
8 juvenile offender's residence and there question [him or her] the juve-
9 nile offender for a reasonable period of time. A juvenile or such person
10 shall not be questioned pursuant to this section unless [he or she] the
11 juvenile offender and a person required to be notified pursuant to this
12 subdivision, if present, have been advised[:
13 (a) of the juvenile offender's or such person's right to remain
14 silent;
15 (b) that the statements made by him or her may be used in a court of
16 law;
17 (c) of his or her right to have an attorney present at such question-
18 ing; and
19 (d) of his or her right to have an attorney provided for him or her
20 without charge if he or she is unable to afford counsel] of the rights
21 as described in subdivision nine of this section.
22 In determining the suitability of questioning and determining the
23 reasonable period of time for questioning such a juvenile offender or
24 person, [his or her] the juvenile offender's age, the presence or
25 absence of [his or her] the juvenile offender's parents or other persons
26 legally responsible for [his or her] the juvenile offender's care and
27 notification pursuant to this subdivision shall be included among rele-
28 vant considerations.
29 9. (a) Upon arresting a defendant, including a juvenile offender, for
30 any offense pursuant to a warrant of arrest, a police officer shall
31 inform the defendant of the following rights prior to commencing any
32 questioning or interrogation:
33 "You have the right to consult an attorney before speaking to the
34 police and to have an attorney present during questioning now or in the
35 future. If you cannot afford an attorney, one will be appointed for you
36 before any questioning if you wish. If you decide to answer questions
37 now without an attorney present, you will still have the right to stop
38 answering at any time until you talk to an attorney. Knowing and under-
39 standing your rights as I have explained them to you, are you willing to
40 answer my questions without an attorney present?"
41 (b) In the event that the defendant indicates that the defendant does
42 not understand such rights, all questioning or interrogation shall cease
43 until an attorney has been provided for the defendant and such attorney
44 is present with the defendant for the questioning or interrogation.
45 § 3. Subdivision 5 of section 140.27 of the criminal procedure law, as
46 amended by section 23 of part WWW of chapter 59 of the laws of 2017, is
47 amended and a new subdivision 6 is added to read as follows:
48 5. Upon arresting a juvenile offender or a person sixteen or commenc-
49 ing October first, two thousand nineteen, seventeen years of age without
50 a warrant, the peace officer shall immediately notify the parent or
51 other person legally responsible for [his or her] the juvenile
52 offender's care or the person with whom [he or she] the juvenile offen-
53 der is domiciled, that such offender or person has been arrested, and
54 the location of the facility where [he or she] the juvenile offender is
55 being detained. If the officer determines that it is necessary to ques-
56 tion a juvenile offender or such person, the officer must take [him or
S. 9152 3
1 her] the juvenile offender to a facility designated by the chief admin-
2 istrator of the courts as a suitable place for the questioning of chil-
3 dren or, upon the consent of a parent or other person legally responsi-
4 ble for the care of a juvenile offender or such person, to [his or her]
5 the juvenile offender's residence and there question [him or her] the
6 juvenile offender for a reasonable period of time. A juvenile offender
7 or such person shall not be questioned pursuant to this section unless
8 the juvenile offender or such person and a person required to be noti-
9 fied pursuant to this subdivision, if present, have been advised[:
10 (a) of his or her right to remain silent;
11 (b) that the statements made by the juvenile offender or such person
12 may be used in a court of law;
13 (c) of his or her right to have an attorney present at such question-
14 ing; and
15 (d) of his or her right to have an attorney provided for him or her
16 without charge if he or she is unable to afford counsel] of the rights
17 as described in subdivision six of this section.
18 In determining the suitability of questioning and determining the
19 reasonable period of time for questioning such a juvenile offender or
20 such person, [his or her] the juvenile offender's age, the presence or
21 absence of [his or her] the juvenile offender's parents or other persons
22 legally responsible for [his or her] the juvenile offender's care and
23 notification pursuant to this subdivision shall be included among rele-
24 vant considerations.
25 6. (a) Upon arresting a defendant, including a juvenile offender, for
26 any offense, a police officer shall inform the defendant of the follow-
27 ing rights prior to commencing any questioning or interrogation:
28 "You have the right to consult an attorney before speaking to the
29 police and to have an attorney present during questioning now or in the
30 future. If you cannot afford an attorney, one will be appointed for you
31 before any questioning if you wish. If you decide to answer questions
32 now without an attorney present, you will still have the right to stop
33 answering at any time until you talk to an attorney. Knowing and under-
34 standing your rights as I have explained them to you, are you willing to
35 answer my questions without an attorney present?"
36 (b) In the event that the defendant indicates that the defendant does
37 not understand such rights, all questioning or interrogation shall cease
38 until an attorney has been provided for the defendant and such attorney
39 is present with the defendant for the questioning or interrogation.
40 § 4. Subdivision 5 of section 140.40 of the criminal procedure law, as
41 amended by section 24 of part WWW of chapter 59 of the laws of 2017, is
42 amended and a new subdivision 7 is added to read as follows:
43 5. If a police officer takes an arrested juvenile offender or a person
44 sixteen or commencing October first, two [thosuand] thousand nineteen,
45 seventeen years of age into custody, the police officer shall immediate-
46 ly notify the parent or other person legally responsible for [his or
47 her] the juvenile offender's care or the person with whom [he or she]
48 the juvenile offender is domiciled, that such offender or person has
49 been arrested, and the location of the facility where [he or she] the
50 juvenile offender is being detained. If the officer determines that it
51 is necessary to question a juvenile offender or such person the officer
52 must take [him or her] the juvenile offender to a facility designated by
53 the chief administrator of the courts as a suitable place for the ques-
54 tioning of children or, upon the consent of a parent or other person
55 legally responsible for the care of the juvenile offender or such
56 person, to [his or her] the juvenile offender's residence and there
S. 9152 4
1 question [him or her] the juvenile offender for a reasonable period of
2 time. A juvenile offender or such person shall not be questioned pursu-
3 ant to this section unless [he or she] the juvenile offender and a
4 person required to be notified pursuant to this subdivision, if present,
5 have been advised[:
6 (a) of his or her right to remain silent;
7 (b) that the statements made by the juvenile offender or such person
8 may be used in a court of law;
9 (c) of his or her right to have an attorney present at such question-
10 ing; and
11 (d) of his or her right to have an attorney provided for him or her
12 without charge if he or she is unable to afford counsel] of the rights
13 as described in subdivision seven of this section.
14 In determining the suitability of questioning and determining the
15 reasonable period of time for questioning such a juvenile offender or
16 such person, [his or her] the juvenile offender's age, the presence or
17 absence of [his or her] the juvenile offender's parents or other persons
18 legally responsible for [his or her] the juvenile offender's care and
19 notification pursuant to this subdivision shall be included among rele-
20 vant considerations.
21 7. (a) Upon arresting a defendant, including a juvenile offender, for
22 any offense, a police officer shall inform the defendant of the follow-
23 ing rights prior to commencing any questioning or interrogation:
24 "You have the right to consult an attorney before speaking to the
25 police and to have an attorney present during questioning now or in the
26 future. If you cannot afford an attorney, one will be appointed for you
27 before any questioning if you wish. If you decide to answer questions
28 now without an attorney present, you will still have the right to stop
29 answering at any time until you talk to an attorney. Knowing and under-
30 standing your rights as I have explained them to you, are you willing to
31 answer my questions without an attorney present?"
32 (b) In the event that the defendant indicates that the defendant does
33 not understand such rights, all questioning or interrogation shall cease
34 until an attorney has been provided for the defendant and such attorney
35 is present with the defendant for the questioning or interrogation.
36 § 5. Subdivision 1 of section 501-h of the executive law, as added by
37 chapter 29 of the laws of 2011, is amended to read as follows:
38 1. (a) If a youth is detained under the interstate compact for juve-
39 niles established pursuant to section five hundred one-e of this arti-
40 cle, [he or she] the youth shall be brought before the appropriate court
41 within seventy-two hours or the next day the court is in session, which-
42 ever is sooner, and shall be advised by the judge of [his or her right
43 to remain silent, his or her right to be represented by counsel of his
44 or her own choosing, and of the right to have an attorney assigned in
45 accord with, as applicable, section two hundred forty-nine of the family
46 court act or article eighteen-B of the county law] the rights set forth
47 in paragraph (b) of this subdivision. The youth shall be allowed a
48 reasonable time to retain counsel, contact [his or her] the youth's
49 parents or other person or persons legally responsible for [his or her]
50 the youth's care or an adult with whom the youth has a significant
51 connection, and the judge may adjourn the proceedings for such purposes.
52 Provided, however, that nothing in this section shall be deemed to
53 require a youth to contact [his or her] the youth's parents or other
54 person or persons legally responsible for [his or her] the youth's care.
55 Provided further, however, that counsel shall be assigned immediately,
56 and continue to represent the youth until any retained counsel appears.
S. 9152 5
1 The court shall schedule a court appearance for the youth no later than
2 ten days after the initial court appearance, and every ten days there-
3 after, while the youth is detained pursuant to the interstate compact
4 for juveniles unless any such appearance is waived by the attorney for
5 the child.
6 (b) A youth detained under the interstate compact for juveniles shall
7 be advised by the judge of the following rights prior to commencing any
8 questioning, interrogation, plea or other court proceedings:
9 "You have the right to consult an attorney before speaking to the
10 police and to have an attorney present during questioning now or in the
11 future. If you cannot afford an attorney, one will be appointed for you
12 before any questioning if you wish. If you decide to answer questions
13 now without an attorney present, you will still have the right to stop
14 answering at any time until you talk to an attorney. Knowing and under-
15 standing your rights as I have explained them to you, are you willing to
16 answer my questions without an attorney present?"
17 § 6. Subdivision 7 of section 305.2 of the family court act, as
18 amended by chapter 398 of the laws of 1983, is amended to read as
19 follows:
20 7. A child shall not be questioned pursuant to this section unless
21 [he] the child and a person required to be notified pursuant to subdivi-
22 sion three if present, have been advised[:
23 (a) of the child's right to remain silent;
24 (b) that the statements made by the child may be used in a court of
25 law;
26 (c) of the child's right to have an attorney present at such question-
27 ing; and
28 (d) of the child's right to have an attorney provided for him without
29 charge if he is indigent] of the rights as described in subdivision nine
30 of this section.
31 9. (a) Upon taking a child into custody, a police officer or peace
32 officer shall inform the defendant of the following rights prior to
33 commencing any questioning or interrogation:
34 "You have the right to consult an attorney before speaking to the
35 police and to have an attorney present during questioning now or in the
36 future. If you cannot afford an attorney, one will be appointed for you
37 before any questioning if you wish. If you decide to answer questions
38 now without an attorney present, you will still have the right to stop
39 answering at any time until you talk to an attorney. Knowing and under-
40 standing your rights as I have explained them to you, are you willing to
41 answer my questions without an attorney present?"
42 (b) In the event that the defendant indicates that the defendant does
43 not understand such rights, all questioning or interrogation shall cease
44 until an attorney has been provided for the defendant and such attorney
45 is present with the defendant for the questioning or interrogation.
46 § 7. Section 320.3 of the family court act, as amended by chapter 41
47 of the laws of 2010, is amended to read as follows:
48 § 320.3. Notice of rights. 1. At the time the respondent first appears
49 before the court, the respondent and [his or her] the respondent's
50 parent or other person legally responsible for [his or her] the respond-
51 ent's care shall be advised of the [respondent's right to remain silent
52 and of his or her right to be represented by counsel chosen by him or
53 her or by an attorney assigned by the court] rights as described in
54 subdivision two of this section. Provided, however, that in the event of
55 the failure of the respondent's parent or other person legally responsi-
56 ble for [his] the respondent's care to appear, after reasonable and
S. 9152 6
1 substantial effort has been made to notify such parent or responsible
2 person of the commencement of the proceeding and such initial appear-
3 ance, the court shall appoint an attorney for the respondent.
4 2. The judge shall inform the defendant of the following rights prior
5 to commencing any questioning, interrogation or proceeding:
6 "You have the right to consult an attorney before speaking to the
7 police and to have an attorney present during questioning now or in the
8 future. If you cannot afford an attorney, one will be appointed for you
9 before any questioning if you wish. If you decide to answer questions
10 now without an attorney present, you will still have the right to stop
11 answering at any time until you talk to an attorney. Knowing and under-
12 standing your rights as I have explained them to you, are you willing to
13 answer my questions without an attorney present?"
14 § 8. This act shall take effect on the first of January next succeed-
15 ing the date upon which it shall have become a law; provided, however,
16 that the amendments to section 501-h of the executive law made by
17 section five of this act shall not affect the repeal of such section and
18 shall be deemed repealed therewith.
