S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7970
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced  by  M.  of  A. FRONTUS -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 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:
 
   Section  1. Subdivision 8 of section 305.2 of the family court act, as
 amended by chapter 398 of the laws of 1983, is amended and a new  subdi-
 vision 5-a is  added to read as follows:
   5-A.  WHERE  A  CHILD IS SUBJECT TO INTERROGATION AT A FACILITY DESIG-
 NATED BY THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE  PLACE  FOR
 THE  QUESTIONING  OF  JUVENILES  PURSUANT  TO  SUBDIVISION  FOUR OF THIS
 SECTION, THE ENTIRE INTERROGATION, INCLUDING THE GIVING OF ANY  REQUIRED
 NOTICE  TO  THE  CHILD AS TO HIS OR HER RIGHTS AND THE CHILD'S WAIVER OF
 ANY RIGHTS, SHALL BE VIDEO RECORDED IN A MANNER CONSISTENT  WITH  STAND-
 ARDS  ESTABLISHED  BY  RULE OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
 PURSUANT TO PARAGRAPH (E) OF SUBDIVISION THREE OF SECTION 60.45  OF  THE
 CRIMINAL  PROCEDURE LAW. THE INTERROGATION SHALL BE RECORDED IN A MANNER
 SUCH THAT THE PERSONS IN THE RECORDING ARE IDENTIFIABLE AND  THE  SPEECH
 IS  INTELLIGIBLE.  A COPY OF THE RECORDING SHALL BE SUBJECT TO DISCOVERY
 PURSUANT TO SECTION 331.2 OF THIS ARTICLE.
   8. In determining the suitability of questioning and  determining  the
 reasonable period of time for questioning such a child, the child's age,
 the  presence  or absence of his OR HER parents or other persons legally
 responsible for his OR HER care [and], notification pursuant to subdivi-
 sion three AND, WHERE THE CHILD HAS  BEEN  INTERROGATED  AT  A  FACILITY
 DESIGNATED  BY THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE
 FOR THE QUESTIONING OF  JUVENILES,  WHETHER  THE  INTERROGATION  WAS  IN
 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.
              

                                                            LBD09847-01-9

 A. 7970                             2
 
 SUBDIVISION FIVE-A OF THIS SECTION  shall  be  included  among  relevant
 considerations.
   §  2. Subdivision 3 of section 344.2 of the family court act, as added
 by section 2 of part VVV of chapter 59 of the laws of 2017,  is  amended
 to read as follows:
   3.  Where  a  respondent  is subject to [custodial] interrogation by a
 public servant at a facility specified in subdivision  four  of  section
 305.2 of this article, the entire custodial interrogation, including the
 giving  of  any  required  advice  of the rights of the individual being
 questioned, and the waiver of any rights by  the  individual,  shall  be
 recorded  and  governed  in  [accordance]  A MANNER CONSISTENT with [the
 provisions of paragraphs (a), (b), (c), (d) and]  STANDARDS  ESTABLISHED
 BY  RULE  OF THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO PARA-
 GRAPH (e) of subdivision three of section 60.45 of the  criminal  proce-
 dure law.  THE INTERROGATION SHALL BE RECORDED IN A MANNER SUCH THAT THE
 PERSONS  IN  THE RECORDING ARE IDENTIFIABLE AND THE SPEECH IS INTELLIGI-
 BLE. A COPY OF THE RECORDING SHALL BE SUBJECT TO DISCOVERY  PURSUANT  TO
 SECTION 331.2 OF THIS ARTICLE.
   §  3.  This act shall take effect on the first of November in the year
 next succeeding the year in which this act shall have become a  law  and
 shall  apply only to confessions, admissions or other statements made on
 or after such  effective  date.  Effective  immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made  by  the  division  of  criminal justice services on or before such
 effective date.