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A06570 Summary:

Amd §60.45, CP L; amd §344.2, Fam Ct Act
Relates to precluding inadmissible statements made by defendants because of false facts about evidence or because of a statement that undermines the reliability of the defendant's statement; requires data collection and analysis by the division of criminal justice services of recorded interrogations.
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A06570 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     March 19, 2021
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Codes -- recommitted to the Committee on Codes in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN  ACT to amend the criminal procedure law and the family court act, in
          relation to defendants' and juvenile respondents'  statement  admissi-
          bility and recorded interrogations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1 and 2  of  section  60.45  of  the  criminal
     2  procedure  law  are  amended and a new subdivision 4 is added to read as
     3  follows:
     4    1. Evidence of a written  or  oral  confession,  admission,  or  other
     5  statement  made  by a defendant with respect to his or her participation
     6  or lack of participation in the offense charged, may not be received  in
     7  evidence  against  him or her in a criminal proceeding if such statement
     8  was involuntarily made.
     9    2. A confession, admission or other statement is "involuntarily  made"
    10  by a defendant when it is obtained from him or her:
    11    (a)  By any person by the use or threatened use of physical force upon
    12  the defendant or another person, or  by  means  of  any  other  improper
    13  conduct  or  undue  pressure  which impaired the defendant's physical or
    14  mental condition to the extent of undermining his or her ability to make
    15  a choice whether or not to make a statement; or
    16    (b) By a public servant engaged in law enforcement activity  or  by  a
    17  person then acting under his or her direction or in cooperation with him
    18  or her:
    19    (i)  by  means  of  any promise or statement of fact, which promise or
    20  statement undermines the reliability of the  defendant's  statement,  or
    21  creates  a substantial risk that the defendant might falsely incriminate
    22  himself or herself; [or]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6570--A                          2
     1    (ii) by knowingly communicating false  facts  about  evidence  to  the
     2  defendant; or
     3    (iii) in violation of such rights as the defendant may derive from the
     4  constitution of this state or of the United States.
     5    4. The division of criminal justice services shall collect and analyze
     6  the following data related to the recordation of interrogations pursuant
     7  to  the requirements of subdivision three of this section, including but
     8  not limited to:
     9    (a)  The  aggregate  annual  number  of  recorded  interrogations   in
    10  detention  facilities  for all categories of criminal charges, including
    11  such charges as required by paragraph (a) of subdivision three  of  this
    12  section and any additional recorded interrogations.
    13    (b) The disaggregate data for each case involving a custodial interro-
    14  gation  of  a  person suspected of committing a crime that occurred in a
    15  detention facility, including:
    16    (i) Whether the interrogation was recorded.
    17    (ii) If the interrogation was not recorded, whether there was a  show-
    18  ing of good cause pursuant to paragraph (c) of subdivision three of this
    19  section.
    20    (iii)  The  duration of the interrogation and the circumstances of the
    21  recorded interrogation, including:
    22    (1) Whether the recording began: (A)  when  the  suspect  entered  the
    23  interrogation  room;  (B)  when  the suspect was read his or her Miranda
    24  rights; or (C) after the suspect was read his or her Miranda rights; and
    25    (2) Whether the recording ended: (A) after  the  interrogation  ended;
    26  (B)  immediately  after  the  suspect  confessed; or (C) at another time
    27  prior to the end of the interrogation.
    28    (iv) Whether the suspect confessed to the crime  during  the  interro-
    29  gation.
    30    (v)  Whether  the  interrogation  was recorded with video and audio or
    31  audio only.
    32    § 2.  Subparagraph (iii) of paragraph (b) of subdivision 2 of  section
    33  344.2  of  the  family court act, as added by chapter 920 of the laws of
    34  1982, is amended to read as follows:
    35    (iii) in violation of section 305.2 of this article; or
    36    (iv) in violation of subdivision two of section 60.45 of the  criminal
    37  procedure law.
    38    §  3.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law.
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