Senate Bill S4205

2023-2024 Legislative Session

Relates to admissibility of statements obtained from persons under the age of eighteen by means of deception

download bill text pdf

Sponsored By

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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2023-S4205 (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 2021-2022 Legislative Session:
S7262

2023-S4205 (ACTIVE) - Summary

Provides that statements made by minor defendants as a result of deception by law enforcement during custodial interrogation are inadmissible.

2023-S4205 (ACTIVE) - Sponsor Memo

2023-S4205 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4205
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  admissibility  of statements obtained from persons under
   eighteen years of age by means of deception

   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 2-a to read as follows:
   2-A. (A) A CONFESSION, ADMISSION OR OTHER STATEMENT BY A DEFENDANT WHO
 IS UNDER EIGHTEEN YEARS OF AGE SHALL BE  PRESUMED  TO  BE  INVOLUNTARILY
 MADE  WHEN  IT IS OBTAINED WHILE SUCH DEFENDANT IS THE SUBJECT OF CUSTO-
 DIAL INTERROGATION:
   (I) CONDUCTED BY A PUBLIC SERVANT AT A DETENTION FACILITY, AS  DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION; AND
   (II)  A  PUBLIC  SERVANT  KNOWINGLY  ENGAGES  IN DECEPTION DURING SUCH
 CUSTODIAL INTERROGATION.
   (B) AS USED IN THIS SUBDIVISION, "DECEPTION" MEANS THE KNOWING  COMMU-
 NICATION  OF  FALSE  FACTS  ABOUT  EVIDENCE  OR  UNAUTHORIZED STATEMENTS
 REGARDING LENIENCY MADE TO A RESPONDENT BY  A  PUBLIC  SERVANT  FOR  THE
 PURPOSE OF ELICITING AN INCRIMINATING RESPONSE FROM SUCH RESPONDENT.
   (C)  THE  PRESUMPTION  UNDER  PARAGRAPH (A) OF THIS SUBDIVISION MAY BE
 OVERCOME BY A PREPONDERANCE OF THE EVIDENCE THAT THE CONFESSION,  ADMIS-
 SION  OR OTHER STATEMENT WAS VOLUNTARILY GIVEN, PROVIDED THAT THE BURDEN
 OF PROOF IN ANY HEARING PURSUANT TO THIS SUBDIVISION SHALL REST UPON THE
 PEOPLE.
   § 2. Section 344.2 of the family court act is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A.  (A)  A  CONFESSION, ADMISSION OR OTHER STATEMENT BY A RESPONDENT
 WHO IS LESS THAN EIGHTEEN YEARS OF AGE SHALL BE PRESUMED TO BE  INVOLUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02817-01-3
 S. 4205                             2

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