NY State Senate Bill 2021-S1193

Senate Bill S1193

2021-2022 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 08, 2021	referred to codes

co-Sponsors

2021-S1193 (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
2017-2018: S3577
2019-2020: S3193
2023-2024: S476

2021-S1193 (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.

2021-S1193 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1193

SPONSOR: GIANARIS
 
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 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.

 
EXISTING LAW:

 
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, especial-
ly 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:

2020: Died in Codes
2019: Died in Codes
2018: Died in Codes
2017: Died in Codes
2016: Died in Codes

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

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

2021-S1193 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1193
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by Sens. GIANARIS, BRESLIN, COMRIE, HOYLMAN, 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 4 to read as follows:
   4. 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 4 of section 344.2 of the family court act, as renum-
 bered by section 2 of part VVV of chapter 59 of the  laws  of  2017,  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03166-01-1

 S. 1193                             2
 
 renumbered  subdivision  5  and  a new subdivision 4 is added to read as
 follows:
   4.  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 S1193

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Neil D. Breslin

Leroy Comrie

Brad Hoylman-Sigal

Jose M. Serrano

2021-S1193 (ACTIVE) - Details

2021-S1193 (ACTIVE) - Summary

2021-S1193 (ACTIVE) - Sponsor Memo

2021-S1193 (ACTIVE) - Bill Text download pdf

Comments