Assembly Bill A8923A

2023-2024 Legislative Session

Relates to procedures required for the custodial interrogation of children

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • 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

Bill Amendments

co-Sponsors

2023-A8923 - Details

See Senate Version of this Bill:
S1099
Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 724, Fam Ct Act; amd §§140.20, 140.27 & 140.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6982, S4980
2021-2022: A5891, S2800

2023-A8923 - Summary

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.

2023-A8923 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8923
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of  A. HEVESI, CLARK, RAGA, SIMON, KELLES, DINOWITZ,
   L. ROSENTHAL,  BURGOS,  EPSTEIN,  AUBRY,  ARDILA,  ZACCARO,   CARROLL,
   LAVINE,  REYES,  GLICK,  BURDICK, ZINERMAN, GONZALEZ-ROJAS, LEVENBERG,
   WEPRIN, MAMDANI, ANDERSON, JACKSON, CRUZ, HYNDMAN,  FORREST,  SEPTIMO,
   SEAWRIGHT, BRONSON, CUNNINGHAM, MEEKS, ALVAREZ, PRETLOW, PAULIN, DICK-
   ENS, DE LOS SANTOS, BORES, SIMONE, VANEL, GALLAGHER, FAHY, OTIS, WALK-
   ER,  GIBBS  -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03283-01-3
 A. 8923                             2
              

co-Sponsors

2023-A8923A (ACTIVE) - Details

See Senate Version of this Bill:
S1099
Law Section:
Family Court Act
Laws Affected:
Amd §§305.2 & 724, Fam Ct Act; amd §§140.20, 140.27 & 140.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6982, S4980
2021-2022: A5891, S2800

2023-A8923A (ACTIVE) - Summary

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.

2023-A8923A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8923--A
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of  A. HEVESI, CLARK, RAGA, SIMON, KELLES, DINOWITZ,
   L. ROSENTHAL,  BURGOS,  EPSTEIN,  AUBRY,  ARDILA,  ZACCARO,   CARROLL,
   LAVINE,  REYES,  GLICK,  BURDICK, ZINERMAN, GONZALEZ-ROJAS, LEVENBERG,
   WEPRIN, MAMDANI, ANDERSON, JACKSON, CRUZ, HYNDMAN,  FORREST,  SEPTIMO,
   SEAWRIGHT, BRONSON, CUNNINGHAM, MEEKS, ALVAREZ, PRETLOW, PAULIN, DICK-
   ENS, DE LOS SANTOS, BORES, SIMONE, VANEL, GALLAGHER, FAHY, OTIS, WALK-
   ER,  GIBBS,  O'DONNELL, SOLAGES, MITAYNES -- read once and referred to
   the Committee on Children and Families -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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