STATE OF NEW YORK
________________________________________________________________________
1629
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law and the family court act, in
relation to requiring law enforcement authorities to advise persons
under the age of eighteen years of certain rights when such persons
are questioned while in custody
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 60.45 of the criminal procedure law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. A confession, admission or other statement is "involuntarily made"
4 by a defendant, who is under eighteen years of age, when it is obtained
5 from him or her while he or she is subject to a custodial interrogation
6 by a public servant engaged in law enforcement activity, prior to such
7 public servant:
8 (a) continuously reading, in its entirety, to the defendant, without
9 stopping for purposes of a response from the defendant or verifying
10 comprehension, the following statement:
11 "You have the right to remain silent. That means, you do not have to
12 say anything. Anything you say can be used against you in court. You
13 have the right to get help from a lawyer. If you cannot pay a lawyer,
14 the court will get you one for free. You have the right to stop this
15 interview at any time."; and
16 (b) after reading the statement required by paragraph (a) of this
17 subdivision, asking the defendant the following questions and waiting
18 for the defendant's response thereto for each question:
19 "Do you want to talk to me?
20 Do you want to have a lawyer?".
21 § 2. Subdivision 3 of section 344.2 of the family court act is renum-
22 bered subdivision 4 and a new subdivision 3 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04036-01-7
A. 1629 2
1 3. A confession, admission or other statement is "involuntarily made"
2 by a respondent when it is obtained from him or her while he or she is
3 subject to a custodial interrogation by a public servant engaged in law
4 enforcement activity, prior to such public servant:
5 (a) continuously reading, in its entirety, to the respondent, without
6 stopping for purposes of a response from the respondent or verifying
7 comprehension, the following statement:
8 "You have the right to remain silent. That means, you do not have to
9 say anything. Anything you say can be used against you in court. You
10 have the right to get help from a lawyer. If you cannot pay a lawyer,
11 the court will get you one for free. You have the right to stop this
12 interview at any time."; and
13 (b) after reading the statement required by paragraph (a) of this
14 subdivision, asking the respondent the following questions and waiting
15 for the respondent's response thereto for each question:
16 "Do you want to talk to me?
17 Do you want to have a lawyer?".
18 § 3. This act shall take effect on the thirtieth day after it shall
19 have become a law.
