NY State Senate Bill 2017-S3577

Senate Bill S3577

2017-2018 Legislative Session

Requires police to advise persons under 18 years of age to their rights to silence and to any attorney before any custodial interrogation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Apr 25, 2017	defeated in codes
Mar 10, 2017	notice of committee consideration - requested
Jan 24, 2017	referred to codes

Votes

- Apr 25, 2017 - Codes Committee Vote
  S3577
  
  5
  
  Aye
  
  8
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 25, 2017
      
      aye (5)
      
      Hoylman-Sigal
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      nay (8)
      
      Akshar
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Tedisco
      
      aye wr (1)
      
      Kaminsky
      
      excused (2)
      
      Boyle
      
      Krueger

co-Sponsors

View additional co-sponsors

2017-S3577 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §60.45, CP L; amd §344.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6754
2019-2020: S3193
2021-2022: S1193
2023-2024: S476

2017-S3577 (ACTIVE) - Summary

Requires police to advise persons under 18 years of age of their rights to silence and to an attorney before any custodial interrogation.

2017-S3577 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3577

 TITLE OF BILL :  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

 PURPOSE :

To ensure that juveniles accused of crimes are made fully aware of
their legal rights, in order to decrease the rate of false confessions
and wrongful convictions.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 60.45 of the criminal procedure law, adding a
new subdivision 3 requiring a specific warning to 16 and 17 year olds
prior to police custodial interrogation.

Section 2 renumbers subdivision 3 of section 344.2 of the family court
act and adds a new subdivision 3 to require a specific warning to
youths subject to family court jurisdiction when questioned prior to
police custodial interrogation.

 JUSTIFICATION :

False confessions are a major problem in our criminal justice system.
Though individuals of all ages are at risk for making false
confessions, youths are particularly vulnerable due to their maturity
and education. More than 115,000 pre-teens and over 1 million
juveniles annually are criminally charged nationwide. There are
numerous studies confirming that youth exercise their Miranda rights
at rates much lower than adults, and make false confessions at a much
higher rate than adults.

One important way to prevent this is by ensuring that youth understand
their constitutional rights commonly known as "Miranda Rights." There
is no standardized Miranda warning wording, with many jurisdictions
using the same warning regardless of an individual's age. Warnings may
range from less than 100 words in length, to over 1,000 words.  Using
the widely accepted "FleschKincaid" analysis, the wording of some
warnings requires a college reading level.

The American Bar Association (ABA) adopted a resolution in 2010,
calling upon state legislatures and Congress to enact legislation
requiring special Miranda warning language for juveniles. The ABA
rightly suggests that such legislation would benefit defendants,
police, and prosecutors.

When youth are made aware of their rights, they are less likely to
make false statements, decreasing the risk of wrongful conviction.
Simply, no one benefits when the wrong person is convicted of a crime,
especially an innocent child.

The proposed language and waiver utilizes brief sentences, a short
length in total and wording comprehensible for an elementary school
reading level.

 LEGISLATIVE HISTORY :

2016: Died in Codes

 FISCAL IMPACT ON THE STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S3577 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3577
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by Sens. GIANARIS, BRESLIN, COMRIE, DILAN, HOYLMAN, MONTGOM-
   ERY, SERRANO -- read twice and ordered printed, and when printed to be
   committed 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?".
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04036-01-7

 S. 3577                             2
 
   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:
   (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?".
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S3577

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Neil D. Breslin

Leroy Comrie

Martin Malavé Dilan

Brad Hoylman-Sigal

2017-S3577 (ACTIVE) - Details

2017-S3577 (ACTIVE) - Summary

2017-S3577 (ACTIVE) - Sponsor Memo

2017-S3577 (ACTIVE) - Bill Text download pdf

Comments