S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9338

                          I N  A S S E M B L Y

                            February 23, 2016
                               ___________

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:

  Section  1.  Section 60.45 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
  3. A CONFESSION, ADMISSION OR OTHER STATEMENT IS "INVOLUNTARILY  MADE"
BY  A DEFENDANT, WHO IS UNDER EIGHTEEN YEARS OF AGE, WHEN IT IS OBTAINED
FROM HIM OR HER WHILE HE OR SHE IS SUBJECT TO A CUSTODIAL  INTERROGATION
BY  A  PUBLIC SERVANT ENGAGED IN LAW ENFORCEMENT ACTIVITY, PRIOR TO SUCH
PUBLIC SERVANT:
  (A) CONTINUOUSLY READING, IN ITS ENTIRETY, TO THE  DEFENDANT,  WITHOUT
STOPPING  FOR  PURPOSES  OF  A  RESPONSE FROM THE DEFENDANT OR VERIFYING
COMPREHENSION, THE FOLLOWING STATEMENT:
  "YOU HAVE THE RIGHT TO REMAIN SILENT. THAT MEANS, YOU DO NOT  HAVE  TO
SAY  ANYTHING.  ANYTHING  YOU  SAY CAN BE USED AGAINST YOU IN COURT. YOU
HAVE THE RIGHT TO GET HELP FROM A LAWYER. IF YOU CANNOT  PAY  A  LAWYER,
THE  COURT  WILL  GET  YOU ONE FOR FREE. YOU HAVE THE RIGHT TO STOP THIS
INTERVIEW AT ANY TIME."; AND
  (B) AFTER READING THE STATEMENT REQUIRED  BY  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  ASKING  THE  DEFENDANT THE FOLLOWING QUESTIONS AND WAITING
FOR THE DEFENDANT'S RESPONSE THERETO FOR EACH QUESTION:
  "DO YOU WANT TO TALK TO ME?
  DO YOU WANT TO HAVE A LAWYER?".
  S 2. Subdivision 3 of section 344.2 of the family court act is  renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
  3.  A CONFESSION, ADMISSION OR OTHER STATEMENT IS "INVOLUNTARILY MADE"
BY A RESPONDENT WHEN IT IS OBTAINED FROM HIM OR HER WHILE HE OR  SHE  IS
SUBJECT  TO A CUSTODIAL INTERROGATION BY A PUBLIC SERVANT ENGAGED IN LAW
ENFORCEMENT ACTIVITY, PRIOR TO SUCH PUBLIC SERVANT:

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

                                                           LBD13865-02-6

A. 9338                             2

  (A) CONTINUOUSLY READING, IN ITS ENTIRETY, TO THE RESPONDENT,  WITHOUT
STOPPING  FOR  PURPOSES  OF  A RESPONSE FROM THE RESPONDENT OR VERIFYING
COMPREHENSION, THE FOLLOWING STATEMENT:
  "YOU  HAVE  THE RIGHT TO REMAIN SILENT. THAT MEANS, YOU DO NOT HAVE TO
SAY ANYTHING. ANYTHING YOU SAY CAN BE USED AGAINST  YOU  IN  COURT.  YOU
HAVE  THE  RIGHT  TO GET HELP FROM A LAWYER. IF YOU CANNOT PAY A LAWYER,
THE COURT WILL GET YOU ONE FOR FREE. YOU HAVE THE  RIGHT  TO  STOP  THIS
INTERVIEW AT ANY TIME."; AND
  (B)  AFTER  READING  THE  STATEMENT  REQUIRED BY PARAGRAPH (A) OF THIS
SUBDIVISION, ASKING THE RESPONDENT THE FOLLOWING QUESTIONS  AND  WAITING
FOR THE RESPONDENT'S RESPONSE THERETO FOR EACH QUESTION:
  "DO YOU WANT TO TALK TO ME?
  DO YOU WANT TO HAVE A LAWYER?".
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.