STATE OF NEW YORK
________________________________________________________________________
7082--A
IN SENATE
March 23, 2016
___________
Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
tration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Children and Families -- reported favor-
ably from said committee and committed to the Committee on Finance --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 accordance with standards estab-
10 lished by rule of the division of criminal justice services. The inter-
11 rogation shall be recorded in a manner such that the persons in the
12 recording are identifiable and the speech is intelligible. A copy of the
13 recording shall be subject to discovery pursuant to section 331.2 of
14 this article.
15 8. In determining the suitability of questioning and determining the
16 reasonable period of time for questioning such a child, the child's age,
17 the presence or absence of his or her parents or other persons legally
18 responsible for his or her care [and], notification pursuant to subdivi-
19 sion three and, where the child has been interrogated at a facility
20 designated by the chief administrator of the courts as a suitable place
21 for the questioning of juveniles, whether the interrogation was in
22 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.
LBD14130-03-6
S. 7082--A 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 is renum-
4 bered subdivision 4 and a new subdivision 3 is added to read as follows:
5 3. Where a child is subject to interrogation at a facility designated
6 by the chief administrator of the courts as a suitable place for the
7 questioning of juveniles pursuant to subdivision four of section 305.2
8 of this article, the entire interrogation, including the giving of any
9 required notice to the child as to his or her rights and the child's
10 waiver of any rights, shall be video recorded in accordance with stand-
11 ards established by rule of the division of criminal justice services.
12 The interrogation shall be recorded in a manner such that the persons in
13 the recording are identifiable and the speech is intelligible. A copy of
14 the recording shall be subject to discovery pursuant to section 331.2 of
15 this article.
16 § 3. This act shall take effect on the first of November in the year
17 next succeeding the year in which this act shall have become a law and
18 shall apply only to confessions, admissions or other statements made on
19 or after such effective date; provided, however, that effective imme-
20 diately, the addition, amendment and/or repeal of any rule or regulation
21 necessary for the implementation of this act on its effective date are
22 authorized and directed to be made and completed by the division of
23 criminal justice services on or before such effective date.
