NY State Senate Bill 2023-S2303

Senate Bill S2303

2023-2024 Legislative Session

Precludes inadmissible statements made by defendants because of false information and requires data collection of recorded interrogations

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 19, 2023	referred to codes

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2023-S2303 (ACTIVE) - Details

See Assembly Version of this Bill:: A1156
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:: 2019-2020: S6806
2021-2022: S324, A6570

2023-S2303 (ACTIVE) - Summary

Precludes inadmissible statements made by defendants because of false facts about evidence or because of a statement that undermines the reliability of the defendant's statement; requires data collection and analysis by the division of criminal justice services of recorded interrogations.

2023-S2303 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2303

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law and the family court act, in
relation to defendants' and juvenile respondents' statement admissibili-
ty and recorded interrogations

 
PURPOSE:

To provide increased protections against false confession and/or false
incrimination by individuals subject to interrogation, and to provide
for the collection of data concerning recorded interrogations.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivisions 1 and 2 of section 60.45 of the criminal
procedure law by adding a new subdivision 4 which provides that any
promise or statement of fact by law enforcement to an individual under
interrogation that undermines the reliability of such an individual's
statement while increasing the likelihood of that individual's false

incrimination, is an involuntary confession, statement, or admission. In
addition, any a confession produced from such interrogation where there
existed a presentation of knowingly false information to individuals
under interrogation by law enforcement is an involuntary confession,
statement or admission.

Section 2 amends subparagraph (iii) of paragraph (b) of subdivision 2 of
section 344.2 of the family court act as added by chapter 920 of the
laws of 1982 which applies the provision to juveniles under interro-
gation.

Section 3 provides for the effective date.

 
JUSTIFICATION:

Our justice system should be based on basic principles of fairness and
transparency. When defendants are under interrogation, however, our
current law allows law enforcement to use deceptive practices and to do
so in unrecorded interactions. While many interactions between law
enforcement and the accused may not involve such deception, the conse-
quences for instances where it does occur are dire. These practices have
led to coerced confessions which can wrongfully imprison innocent citi-
zens or provide the improper basis for additional charges. The ability
of the government to deny an individual their liberty is one of its most
sobering powers and the exercise of that power should not be based on
deception.

In 1989, five teenage men were wrongly convicted of raping a woman in
New York City's Central Park. Their guilt was largely based on false
confessions coerced by law enforcement. Today, they are widely known as
the "Exonerated 5," but it took thirteen years in prison and the DNA
evidence of the real perpetrator to overturn their wrongful convictions.
Had the law, in 1989, prevented deceptive practices by law enforcement,
they may have never been incarcerated.

Unfortunately, the Exonerated 5 are not isolated cases. New York
consistently ranks near the top of theò country in false convictions.
According to the National Registry of Exonerations, from 1989-2015,
there were 1600 exonerations, and over that period, New York ranked
second only to Texas with 189 exonerations. Of the top ten counties with
exonerations, New York accounted for three; Kings County, Bronx County,
and New York County had the 5th, 6th, and 7th most exonerations, respec-
tively. In 2018 alone, New York tied Texas for the second most false
convictions.(16) in the United States (there were 151 exonerations
nationwide). Out of the 151 exonerations nationwide, 107 included offi-
cial misconduct, and 19 included false confessions.

The Exonerated 5 exemplified the fact that juveniles are impressionable,
are not fully developed and are in particular need of protections when
they are under interrogation. The amendment to the Family Court Act will
ensure that the protections against police deception will extend not
only to youth who, like the Exonerated 5, have been charged in the adult
criminal courts, but also to youth charged with juvenile delinquency in
Family Court. The amendment to Family Court Act § 344.2 is needed
because section 303.1(1) of the Family Court Act provides that
provisions of the Criminal Procedure Law are inapplicable to juvenile
delinquency proceedings in Family Court unless specifically referenced
or set forth in the Family Court Act.

All defendants in criminal cases and accused juvenile delinquents, are
presumed innocent until proven guilty and that proof should not include
evidence tainted by a false confession. Recording interrogations and
prohibiting deceptive practices in the process is a step in the right
direction that will put New York at the forefront of fairness and trans-
parency in the justice system.

 
LEGISLATIVE HISTORY:

S324-A of 2021-22: Referred to Codes.

S6806 of 2019-20: Referred to Codes.

 
FISCAL IMPLICATIONS:

To be determined.

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

2023-S2303 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2303
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  BRISPORT, BROUK, CLEARE, COONEY,
   GIANARIS, GOUNARDES, HOYLMAN-SIGAL, RAMOS, RIVERA, SALAZAR, SEPULVEDA,
   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 defendants' and juvenile respondents'  statement  admissi-
   bility and recorded interrogations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2  of  section  60.45  of  the  criminal
 procedure  law  are  amended and a new subdivision 4 is added to read as
 follows:
   1. Evidence of a written  or  oral  confession,  admission,  or  other
 statement  made  by a defendant with respect to his OR HER participation
 or lack of participation in the offense charged, may not be received  in
 evidence  against  him OR HER in a criminal proceeding if such statement
 was involuntarily made.
   2. A confession, admission or other statement is "involuntarily  made"
 by a defendant when it is obtained from him OR HER:
   (a)  By any person by the use or threatened use of physical force upon
 the defendant or another person, or  by  means  of  any  other  improper
 conduct  or  undue  pressure  which impaired the defendant's physical or
 mental condition to the extent of undermining his OR HER ability to make
 a choice whether or not to make a statement; or
   (b) By a public servant engaged in law enforcement activity  or  by  a
 person then acting under his OR HER direction or in cooperation with him
 OR HER:
   (i)  by  means  of  any promise or statement of fact, which promise or
 statement UNDERMINES THE RELIABILITY OF THE  DEFENDANT'S  STATEMENT,  OR
 creates  a substantial risk that the defendant might falsely incriminate
 himself OR HERSELF; [or]

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03795-01-3

 S. 2303                             2
 
   (ii) BY KNOWINGLY COMMUNICATING FALSE  FACTS  ABOUT  EVIDENCE  TO  THE
 DEFENDANT; OR
   (III) in violation of such rights as the defendant may derive from the
 constitution of this state or of the United States.
   4. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL COLLECT AND ANALYZE
 THE FOLLOWING DATA RELATED TO THE RECORDATION OF INTERROGATIONS PURSUANT
 TO  THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION, INCLUDING BUT
 NOT LIMITED TO:
   (A)  THE  AGGREGATE  ANNUAL  NUMBER  OF  RECORDED  INTERROGATIONS   IN
 DETENTION  FACILITIES  FOR ALL CATEGORIES OF CRIMINAL CHARGES, INCLUDING
 SUCH CHARGES AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION THREE  OF  THIS
 SECTION AND ANY ADDITIONAL RECORDED INTERROGATIONS.
   (B) THE DISAGGREGATE DATA FOR EACH CASE INVOLVING A CUSTODIAL INTERRO-
 GATION  OF  A  PERSON SUSPECTED OF COMMITTING A CRIME THAT OCCURRED IN A
 DETENTION FACILITY, INCLUDING:
   (I) WHETHER THE INTERROGATION WAS RECORDED.
   (II) IF THE INTERROGATION WAS NOT RECORDED, WHETHER THERE WAS A  SHOW-
 ING OF GOOD CAUSE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS
 SECTION.
   (III)  THE  DURATION OF THE INTERROGATION AND THE CIRCUMSTANCES OF THE
 RECORDED INTERROGATION, INCLUDING:
   (1) WHETHER THE RECORDING BEGAN: (A)  WHEN  THE  SUSPECT  ENTERED  THE
 INTERROGATION  ROOM;  (B)  WHEN  THE SUSPECT WAS READ HIS OR HER MIRANDA
 RIGHTS; OR (C) AFTER THE SUSPECT WAS READ HIS OR HER MIRANDA RIGHTS; AND
   (2) WHETHER THE RECORDING ENDED: (A) AFTER  THE  INTERROGATION  ENDED;
 (B)  IMMEDIATELY  AFTER  THE  SUSPECT  CONFESSED; OR (C) AT ANOTHER TIME
 PRIOR TO THE END OF THE INTERROGATION.
   (IV) WHETHER THE SUSPECT CONFESSED TO THE CRIME  DURING  THE  INTERRO-
 GATION.
   (V)  WHETHER  THE  INTERROGATION  WAS RECORDED WITH VIDEO AND AUDIO OR
 AUDIO ONLY.
   § 2.  Subparagraph (iii) of paragraph (b) of subdivision 2 of  section
 344.2  of  the  family court act, as added by chapter 920 of the laws of
 1982, is amended to read as follows:
   (iii) in violation of section 305.2 OF THIS ARTICLE; OR
   (IV) IN VIOLATION OF SUBDIVISION TWO OF SECTION 60.45 OF THE  CRIMINAL
 PROCEDURE LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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