S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1963
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT to amend the family court act and the criminal procedure law, in
   relation to the custodial interrogation of juveniles by  law  enforce-
   ment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 305.2 of the family court act,  as
 added by chapter 920 of the laws of 1982, is amended to read as follows:
   3. If an officer takes such child into custody or if a child is deliv-
 ered  to  him  OR  HER under section 305.1, he OR SHE shall immediately,
 BEFORE TRANSPORTING THE CHILD TO THE POLICE STATION  HOUSE,  notify  the
 parent  or  other person legally responsible for the child's care, or if
 such legally responsible person is unavailable the person with whom  the
 child resides, that the child has been taken into custody.
   §  2.  Paragraph  (a)  of subdivision 4 of section 305.2 of the family
 court act, as added by chapter 920 of the laws of 1982,  is  amended  to
 read as follows:
   (a)  WHEN  THE OFFICER REASONABLY BELIEVES SUCH PARENT OR OTHER PERSON
 LEGALLY RESPONSIBLE FOR THE CHILD'S CARE WILL APPEAR, TAKE THE CHILD  TO
 HIS OR HER HOME, THE STATION HOUSE, OR ANOTHER LOCATION AGREED UPON WITH
 THE  PARENT  OR PERSON LEGALLY RESPONSIBLE, AND release the child to the
 custody of [his parents or other  person  legally  responsible  for  his
 care]  SUCH PERSON upon the issuance in accordance with section 307.1 of
 a family court appearance ticket to the child and the  person  to  whose
 custody the child is released; or
   §  3.  Paragraph  (b)  of subdivision 4 of section 305.2 of the family
 court act, as amended by section 63 of part WWW of  chapter  59  of  the
 laws of 2017, is amended to read as follows:
   (b)  WHEN  THE OFFICER DOES NOT REASONABLY BELIEVE THE PARENT OR OTHER
 PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S  CARE  WILL  APPEAR  FOR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03283-01-3
              

 A. 1963                             2
 
 CHILD,  forthwith and with all reasonable speed take the child directly,
 and without his OR HER first being taken to the police station house, to
 the family court located in the county in which the act occasioning  the
 taking  into  custody allegedly was committed, or, when the family court
 is not in session, to the most accessible magistrate, if any, designated
 by the appellate division of the supreme court in the applicable depart-
 ment to conduct a hearing under section 307.4 [of this part, unless  the
 officer  determines that it is necessary to question the child, in which
 case he or she may take the child to a facility designated by the  chief
 administrator  of  the courts as a suitable place for the questioning of
 children or, upon the consent  of  a  parent  or  other  person  legally
 responsible  for  the  care  of  the child, to the child's residence and
 there question him or her for a reasonable period of time]; or
   § 4. Paragraph (c) of subdivision 4 of section  305.2  of  the  family
 court  act,  as amended by section 3 of part G of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (c) WHEN THE OFFICER DOES NOT RELEASE THE CHILD PURSUANT TO  PARAGRAPH
 (A)  OF  THIS  SUBDIVISION,  OR  TAKE  THE CHILD TO FAMILY COURT OR TO A
 MAGISTRATE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, take the child
 to a place certified by the office of children and family services as  a
 juvenile detention facility for the reception of children; or
   §  5.  Subdivision  5  of  section  305.2  of the family court act, as
 amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
 follows:
   5.  If  such  child has allegedly committed a designated felony act as
 defined in subdivision eight of section 301.2, and the family  court  in
 the  county  is  in  session, the officer shall forthwith take the child
 directly to such family court[, unless the officer takes the child to  a
 facility for questioning in accordance with paragraph (b) of subdivision
 four.  If such child has not allegedly committed a designated felony act
 and such family court is in session, the officer shall either  forthwith
 take  the  child directly to such family court, unless the officer takes
 the child to a facility for questioning in accordance with paragraph (b)
 of subdivision four or release the child in  accordance  with  paragraph
 (a) of subdivision four] OR, WHEN THE FAMILY COURT IS NOT IN SESSION, TO
 THE  MOST  ACCESSIBLE  MAGISTRATE,  IF  ANY, DESIGNATED BY THE APPELLATE
 DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO CONDUCT  A
 HEARING UNDER SECTION 307.4.
   §  6. Subdivision 6 of section 305.2 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   6. [In all other cases] IF SUCH CHILD HAS NOT  ALLEGEDLY  COMMITTED  A
 DESIGNATED  FELONY ACT, and in the absence of special circumstances, the
 officer shall release the child in  accordance  with  paragraph  (a)  of
 subdivision four.
   §  7.  Subdivisions  7 and 8 of section 305.2 of the family court act,
 subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi-
 sion 8 as amended by chapter 299 of the laws of 2020, are amended and  a
 new subdivision 10 is added to read as follows:
   7.   IF THE OFFICER DETERMINES THAT QUESTIONING OF THE CHILD IS NECES-
 SARY PRIOR TO TAKING ACTION AUTHORIZED BY SUBDIVISION FOUR OR FIVE,  THE
 OFFICER  MAY TAKE THE CHILD TO A FACILITY DESIGNATED BY THE CHIEF ADMIN-
 ISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF  CHIL-
 DREN  OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSI-
 BLE FOR THE CARE OF THE CHILD,  TO  THE  CHILD'S  RESIDENCE  AND  THERE,
 SUBJECT  TO  THE  REQUIREMENTS OF SUBDIVISION EIGHT, QUESTION HIM OR HER
 FOR A REASONABLE PERIOD OF TIME.
 A. 1963                             3
 
   8. A child shall not be questioned pursuant  to  this  section  unless
 [he] OR UNTIL:
   (A)  THE CHILD and a person required to be notified pursuant to subdi-
 vision three if present, have been advised:
   [(a)] (I) of the child's right to remain silent;
   [(b)] (II) that the statements made by the child  may  be  used  in  a
 court of law;
   [(c)]  (III)  of the child's right to have an attorney present at such
 questioning; and
   [(d)] (IV) of the child's right to have an attorney provided  for  him
 OR HER without charge if he OR SHE is indigent; AND
   (B)  THE  CHILD  HAS  CONSULTED WITH LEGAL COUNSEL IN PERSON, BY TELE-
 PHONE, OR BY VIDEO CONFERENCE. THIS CONSULTATION MAY NOT BE WAIVED.
   [8.] 9. 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, notification pursuant to subdi-
 vision  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
 subdivision  five-a  of  this  section  shall be included among relevant
 considerations.
   10. IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE WITHIN THE DEFINITION IN SUBDIVISION TWO OF SECTION 344.2, A STATE-
 MENT SHALL BE SUPPRESSED: WHEN THE CHILD HAS NOT  CONSULTED  WITH  LEGAL
 COUNSEL  AS  REQUIRED  BY  PARAGRAPH (B) OF SUBDIVISION EIGHT; OR WHEN A
 PERSON NOTIFIED PURSUANT TO SUBDIVISION THREE, IF PRESENT, HAS NOT  BEEN
 ADVISED OF AND VOLUNTARILY WAIVED THE RIGHTS DELINEATED IN PARAGRAPH (A)
 OF SUBDIVISION EIGHT.
   §  8.  Section  724  of  the family court act, the section heading and
 subdivisions (b) and (c) as amended by chapter 843 of the laws of  1980,
 subdivision  (a)  as  amended  by chapter 920 of the laws of 1982, para-
 graphs (i) and (ii) as amended and paragraph (iv) of subdivision (b)  as
 added  by  section  4 of part E of chapter 57 of the laws of 2005, para-
 graph (iii) of subdivision (b) as amended by section  7  of  part  M  of
 chapter  56 of the laws of 2017, and subdivision (d) as added by chapter
 809 of the laws of 1963, is amended to read as follows:
   § 724. Duties of police officer or peace  officer  after  taking  into
 custody  or  on  delivery by private person. (a) If a peace officer or a
 police officer takes into custody or if a person is delivered to him  OR
 HER  under  section  seven hundred twenty-three, the officer shall imme-
 diately, BEFORE TRANSPORTING THE CHILD TO ANY OTHER LOCATION, notify the
 parent or other person legally responsible for his OR HER care,  or  the
 person  with  whom he OR SHE is domiciled, that he OR SHE has been taken
 into custody.
   (b) After making every reasonable effort to give notice  under  [para-
 graph] SUBDIVISION (a) OF THIS SECTION, the officer shall
   (i)  WHEN  THE OFFICER REASONABLY BELIEVES SUCH PARENT OR OTHER PERSON
 LEGALLY RESPONSIBLE FOR THE CHILD'S CARE WILL APPEAR, TAKE THE CHILD  TO
 HIS  OR  HER  HOME, THE POLICE STATION HOUSE, OR ANOTHER LOCATION AGREED
 UPON WITH THE PARENT OR PERSON  LEGALLY  RESPONSIBLE,  AND  release  the
 youth to the custody of [his or her parent or other] SUCH person [legal-
 ly  responsible  for  his or her care] upon the written promise, without
 security, of the person to whose custody the youth is released  that  he
 or she will produce the youth before the lead agency designated pursuant
 A. 1963                             4
 
 to section seven hundred thirty-five of this article in that county at a
 time and place specified in writing; or
   (ii) WHEN THE OFFICER DOES NOT REASONABLY BELIEVE SUCH PARENT OR OTHER
 PERSON  LEGALLY  RESPONSIBLE  FOR  THE  CHILD'S CARE WILL APPEAR FOR THE
 CHILD, forthwith and with all reasonable speed take the youth  directly,
 and without first being taken to the police station house, to the desig-
 nated lead agency located in the county in which the act occasioning the
 taking  into  custody allegedly was done[, unless the officer determines
 that it is necessary to question the youth, in which case he or she  may
 take  the  youth  to a facility designated by the chief administrator of
 the courts as a suitable place for the questioning of youth or, upon the
 consent of a parent or other person legally responsible for the care  of
 the  youth, to the youth's residence and there question him or her for a
 reasonable period of time]; or
   (iii) take a youth in need of crisis intervention or respite  services
 to  a  runaway  and  homeless  youth  crisis  services  program or other
 approved respite or crisis program; or
   (iv) take the youth directly to the family court located in the county
 in which the act occasioning the taking into custody was allegedly done,
 provided that the officer affirms on the record that he or she attempted
 to exercise the options identified in paragraphs (i), (ii) and (iii)  of
 this  subdivision, was unable to exercise these options, and the reasons
 therefor.
   (c) In the absence of special circumstances, the officer shall release
 the child in accord with paragraph [(b)] (i) OF SUBDIVISION (B) OF  THIS
 SECTION.
   (d)  IF THE OFFICER DETERMINES THAT QUESTIONING OF THE CHILD IS NECES-
 SARY PRIOR TO TAKING  ACTION  AUTHORIZED  BY  SUBDIVISION  (B)  OF  THIS
 SECTION,  THE OFFICER MAY TAKE THE CHILD TO A FACILITY DESIGNATED BY THE
 CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE  QUESTION-
 ING OF CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY
 RESPONSIBLE  FOR  THE  CARE  OF  THE CHILD, TO THE CHILD'S RESIDENCE AND
 THERE, SUBJECT TO THE REQUIREMENTS OF SUBDIVISION (E) OF  THIS  SECTION,
 QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
   (E) In determining THE SUITABILITY OF QUESTIONING AND DETERMINING what
 is  a  "reasonable  period of time" for questioning a child, the child's
 age [and], the presence or absence of his OR HER parents or other person
 legally responsible for his OR HER care  AND  NOTIFICATION  PURSUANT  TO
 SUBDIVISION  (A)  OF  THIS  SECTION shall be included among the relevant
 considerations.
   (F) NO STATEMENT MADE TO A PEACE OFFICER OR A POLICE OFFICER PRIOR  TO
 THE COMMENCEMENT OF A FACT-FINDING HEARING MAY BE ADMITTED INTO EVIDENCE
 AT A FACT-FINDING HEARING.
   § 9. Subdivision 6 of section 140.20 of the criminal procedure law, as
 amended  by section 20 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   6. (A) Upon arresting a juvenile  offender  or  a  person  sixteen  or
 [commencing  October  first,  two thousand nineteen,] seventeen years of
 age without a warrant, the  police  officer  shall  immediately,  BEFORE
 TRANSPORTING THE CHILD TO THE POLICE STATION HOUSE, notify the parent or
 other  person legally responsible for his or her care or the person with
 whom he or she is domiciled, that such  JUVENILE  offender  or  [person]
 SIXTEEN OR SEVENTEEN YEAR OLD has been arrested, and the location of the
 facility where he or she [is being] WILL BE detained.
   (B) If the officer determines that it is necessary to question a juve-
 nile  offender or [such person] SIXTEEN OR SEVENTEEN YEAR OLD, the offi-
 A. 1963                             5
 
 cer must take him or her to a facility designated by the chief  adminis-
 trator of the courts as a suitable place for the questioning of children
 or, upon the consent of a parent or other person legally responsible for
 the care of the juvenile or [such person] SIXTEEN OR SEVENTEEN YEAR OLD,
 to  his or her residence and there, SUBJECT TO THE REQUIREMENTS OF PARA-
 GRAPH (C) OF THIS SUBDIVISION, question him  or  her  for  a  reasonable
 period of time.
   (C) A juvenile OFFENDER or [such person] SIXTEEN OR SEVENTEEN YEAR OLD
 shall not be questioned pursuant to this section unless OR UNTIL:
   (I)  he  or she and a person required to be notified pursuant to PARA-
 GRAPH (A) OF this subdivision, if present, have been advised:
   [(a)] (A) of the juvenile offender's or  [such  person's]  SIXTEEN  OR
 SEVENTEEN YEAR OLD'S right to remain silent;
   [(b)]  (B)  that  the  statements  made by him or her may be used in a
 court of law;
   [(c)] (C) of his or her right to have  an  attorney  present  at  such
 questioning; and
   [(d)]  (D) of his or her right to have an attorney provided for him or
 her without charge if he or she is unable to afford counsel[.];
   (II) THE JUVENILE OFFENDER  OR  SIXTEEN  OR  SEVENTEEN  YEAR  OLD  HAS
 CONSULTED  WITH AN ATTORNEY IN PERSON, BY TELEPHONE, OR BY VIDEO CONFER-
 ENCE. THIS CONSULTATION MAY NOT BE WAIVED.
   (D) In determining the suitability of questioning and determining  the
 reasonable  period  of  time for questioning such a juvenile offender or
 [person] SIXTEEN OR SEVENTEEN YEAR OLD, his or her age, the presence  or
 absence  of  his or her parents or other persons legally responsible for
 his or her care and notification  pursuant  to  PARAGRAPH  (A)  OF  this
 subdivision shall be included among relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE  WITHIN  THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45 OF THIS
 CHAPTER, A STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD  HAS  NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION; OR WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION,  IF  PRESENT, HAS NOT BEEN ADVISED OF AND VOLUNTARILY WAIVED THE
 RIGHTS DELINEATED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   § 10. Subdivision 5 of section 140.27 of the criminal  procedure  law,
 as  amended by section 23 of part WWW of chapter 59 of the laws of 2017,
 is amended to read as follows:
   5. (A) Upon arresting a juvenile  offender  or  a  person  sixteen  or
 [commencing  October  first,  two thousand nineteen,] seventeen years of
 age without a warrant,  the  peace  officer  shall  immediately,  BEFORE
 TRANSPORTING THE CHILD TO THE POLICE STATION HOUSE, notify the parent or
 other  person legally responsible for his or her care or the person with
 whom he or she is domiciled, that such  JUVENILE  offender  or  [person]
 SIXTEEN OR SEVENTEEN YEAR OLD has been arrested, and the location of the
 facility where he or she [is being] WILL BE detained.
   (B) If the officer determines that it is necessary to question a juve-
 nile  offender or [such person] SIXTEEN OR SEVENTEEN YEAR OLD, the offi-
 cer must take him or her to a facility designated by the chief  adminis-
 trator of the courts as a suitable place for the questioning of children
 or, upon the consent of a parent or other person legally responsible for
 the  care  of  a juvenile offender or [such person] SIXTEEN OR SEVENTEEN
 YEAR OLD, to his or her residence and there, SUBJECT TO THE REQUIREMENTS
 OF PARAGRAPH (C) OF THIS SUBDIVISION, question him or her for a  reason-
 able period of time.
 A. 1963                             6
 
   (C) A juvenile offender or [such person] SIXTEEN OR SEVENTEEN YEAR OLD
 shall not be questioned pursuant to this section unless OR UNTIL:
   (I)  the  juvenile offender or [such person] SIXTEEN OR SEVENTEEN YEAR
 OLD and a person required to be notified pursuant to  PARAGRAPH  (A)  OF
 this subdivision, if present, have been advised:
   [(a)] (A) of his or her right to remain silent;
   [(b)]  (B)  that the statements made by the juvenile offender or [such
 person] SIXTEEN OR SEVENTEEN YEAR OLD may be used in a court of law;
   [(c)] (C) of his or her right to have  an  attorney  present  at  such
 questioning; and
   [(d)]  (D) of his or her right to have an attorney provided for him or
 her without charge if he or she is unable to afford counsel[.]; AND
   (II) THE JUVENILE OFFENDER  OR  SIXTEEN  OR  SEVENTEEN  YEAR  OLD  HAS
 CONSULTED  WITH  AN ATTORNEY IN PERSON, BY TELEPHONE OR BY VIDEO CONFER-
 ENCE. THIS CONSULTATION MAY NOT BE WAIVED.
   (D) In determining the suitability of questioning and determining  the
 reasonable  period  of  time for questioning such a juvenile offender or
 [such person] SIXTEEN OR SEVENTEEN YEAR OLD his or her age, the presence
 or absence of his or her parents or other  persons  legally  responsible
 for  his  or her care and notification pursuant to PARAGRAPH (A) OF this
 subdivision shall be included among relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE WITHIN THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45  OF  THIS
 CHAPTER,  A  STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD HAS NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION; OR WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION, IF PRESENT, HAS NOT BEEN ADVISED OF AND VOLUNTARILY  WAIVED  THE
 RIGHTS DELINEATED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   §  11.  Subdivision 5 of section 140.40 of the criminal procedure law,
 as amended by section 24 of part WWW of chapter 59 of the laws of  2017,
 is amended to read as follows:
   5.  (A)  If  a police officer takes an arrested juvenile offender or a
 person sixteen or [commencing October  first,  two  thousand  nineteen,]
 seventeen years of age into custody, the police officer shall immediate-
 ly, BEFORE TRANSPORTING THE CHILD TO THE POLICE STATION HOUSE notify the
 parent  or  other  person legally responsible for his or her care or the
 person with whom he or she is domiciled, that such JUVENILE offender  or
 [person]  SIXTEEN  OR  SEVENTEEN  YEAR  OLD  has  been arrested, and the
 location of the facility where he or she [is being] WILL BE detained.
   (B) If the officer determines that it is necessary to question a juve-
 nile offender or [such person] SIXTEEN OR SEVENTEEN YEAR OLD the officer
 must take him or her to a facility designated by the chief administrator
 of the courts as a suitable place for the questioning  of  children  or,
 upon the consent of a parent or other person legally responsible for the
 care of the juvenile offender or [such person] SIXTEEN OR SEVENTEEN YEAR
 OLD,  to  his or her residence and there, SUBJECT TO THE REQUIREMENTS OF
 PARAGRAPH (C) OF THIS SUBDIVISION, question him or her for a  reasonable
 period of time.
   (c) A juvenile offender or [such person] SIXTEEN OR SEVENTEEN YEAR OLD
 shall not be questioned pursuant to this section unless OR UNTIL:
   (I)  he  or she and a person required to be notified pursuant to PARA-
 GRAPH (A) OF this subdivision, if present, have been advised:
   [(a)] (A) of his or her right to remain silent;
   [(b)] (B) that the statements made by the juvenile offender  or  [such
 person] SIXTEEN OR SEVENTEEN YEAR OLD may be used in a court of law;
 A. 1963                             7
 
   [(c)]  (C)  of  his  or  her right to have an attorney present at such
 questioning; and
   [(d)]  (D) of his or her right to have an attorney provided for him or
 her without charge if he or she is unable to afford counsel[.]; AND
   (II) THE JUVENILE OFFENDER  OR  SIXTEEN  OR  SEVENTEEN  YEAR  OLD  HAS
 CONSULTED  WITH AN ATTORNEY IN PERSON, BY TELEPHONE, OR BY VIDEO CONFER-
 ENCE. THIS CONSULTATION MAY NOT BE WAIVED.
   (D) In determining the suitability of questioning and determining  the
 reasonable  period  of  time for questioning such a juvenile offender or
 [such person] SIXTEEN OR SEVENTEEN YEAR OLD, his or her age,  the  pres-
 ence or absence of his or her parents or other persons legally responsi-
 ble  for  his  or her care and notification pursuant to PARAGRAPH (A) OF
 this subdivision shall be included among relevant considerations.
   (E) IN ADDITION TO STATEMENTS THAT MUST BE SUPPRESSED AS INVOLUNTARILY
 MADE WITHIN THE DEFINITION IN SUBDIVISION TWO OF SECTION 60.45  OF  THIS
 CHAPTER,  A  STATEMENT  SHALL  BE  SUPPRESSED:  WHEN  THE  CHILD HAS NOT
 CONSULTED WITH AN ATTORNEY AS REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVI-
 SION; OR WHEN A PERSON NOTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION, IF PRESENT, HAS NOT BEEN ADVISED OF AND VOLUNTARILY  WAIVED  THE
 RIGHTS DELINEATED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   § 12. This act shall take effect April 1, 2024.