NY State Assembly Bill 2025-A2620

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2025	referred to children and families

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2025-A2620 (ACTIVE) - Details

Current Committee:: Assembly Children And Families
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
2021-2022: A5891
2023-2024: A1963, A8923

2025-A2620 (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.

2025-A2620 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2620
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 Introduced  by  M.  of  A. HEVESI, CLARK, RAGA, SIMON, KELLES, DINOWITZ,
   ROSENTHAL, EPSTEIN, ZACCARO, R. CARROLL, LAVINE,  GLICK,  GONZALEZ-RO-
   JAS,  BRONSON,  CUNNINGHAM,  MEEKS,  ALVAREZ,  PAULIN,  DE LOS SANTOS,
   BORES, SIMONE, GALLAGHER, WALKER,  GIBBS,  LUNSFORD,  TAPIA,  WOERNER,
   BICHOTTE HERMELYN  -- read once and referred to the Committee on Chil-
   dren 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] AN OFFICER under section 305.1,  [he]  THE  OFFICER  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
 THE CHILD'S 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.
                                                            LBD02102-02-5
 A. 2620                             2

 
   §  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
 CHILD,  forthwith and with all reasonable speed take the child directly,
 and without [his] THE CHILD first being  taken  to  the  police  station
 house,  to the family court located in the county in which the act occa-
 sioning 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  department 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  desig-
 nated  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 5-a of section 305.2 of  the  family  court  act,  as
 added by chapter 299 of the laws of 2020, is amended to read as follows:
   5-a.  Where  a  child is subject to interrogation at a facility desig-
 nated by the chief administrator of the courts as a suitable  place  for
 the  questioning  of  juveniles  pursuant to subdivision [four] SEVEN of
 this section, the entire interrogation,  including  the  giving  of  any
 required  notice  to  the  child as to [his or her] THEIR rights and the
 child's waiver of any rights,  shall  be  video  recorded  in  a  manner
 consistent  with standards established by rule of the division of crimi-
 nal justice services pursuant to paragraph (e) of subdivision  three  of
 section  60.45 of the criminal procedure law. The interrogation shall be
 recorded in a manner such that the persons in the  recording  are  iden-
 A. 2620                             3
 
 tifiable  and  the speech is intelligible. A copy of the recording shall
 be subject to discovery pursuant to section 331.2 of this article.
   §  7. 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.
   §  8.  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 THE CHILD FOR
 A REASONABLE PERIOD OF TIME.
   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]
 THEM without charge if [he is] THEY ARE 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]  THE  CHILD'S  parents  or
 other  persons  legally  responsible  for [his or her] THE CHILD'S care,
 notification pursuant to subdivision 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.
   § 9. 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
 A. 2620                             4
 
 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]
 THE OFFICER under section seven hundred twenty-three, the officer  shall
 immediately, BEFORE TRANSPORTING THE CHILD TO ANY OTHER LOCATION, notify
 the  parent  or  other person legally responsible for [his] THE PERSON'S
 care, or the person with whom [he] THE PERSON is  domiciled,  that  [he]
 THE PERSON 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
 THE CHILD'S 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] SUCH PERSON will produce the youth before the lead agency desig-
 nated pursuant 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]  THE
 OFFICER  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 THE CHILD 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
 A. 2620                             5
 
 age [and], the presence or absence of [his] THE CHILD'S parents or other
 person  legally  responsible for [his] THE CHILD'S 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.
   § 10. 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] THE CHILD'S care or
 the person with whom [he or she] THE CHILD is domiciled, that such JUVE-
 NILE offender or  [person]  SIXTEEN  OR  SEVENTEEN  YEAR  OLD  has  been
 arrested,  and  the  location of the facility where [he or she is being]
 THE CHILD 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] THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN
 YEAR  OLD  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 or [such person] SIXTEEN OR SEVENTEEN YEAR OLD, to [his  or
 her]  THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S residence
 and there, SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION, question [him or her] THE JUVENILE OFFENDER OR SIXTEEN  OR  SEVEN-
 TEEN YEAR OLD 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 [he or she] OR
 UNTIL:
   (I) THE JUVENILE OFFENDER OR SIXTEEN  OR  SEVENTEEN  YEAR  OLD  and  a
 person  required to be notified pursuant to PARAGRAPH (A) OF this subdi-
 vision, 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] THE JUVENILE OFFEN-
 DER OR SIXTEEN OR SEVENTEEN YEAR OLD may be used in a court of law;
   [(c)]  (C)  of [his or her] THE JUVENILE OFFENDER OR SIXTEEN OR SEVEN-
 TEEN YEAR OLD'S right to have an attorney present at  such  questioning;
 and
   [(d)]  (D)  of [his or her] THE JUVENILE OFFENDER OR SIXTEEN OR SEVEN-
 TEEN YEAR OLD'S right to have an attorney provided for [him or her] THEM
 without charge if [he or she is] THEY ARE 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] THE JUVENILE OFFEN-
 DER OR SIXTEEN OR SEVENTEEN YEAR OLD'S age, the presence or  absence  of
 [his  or  her]  THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S
 parents or other persons legally responsible for [his or her] THE  JUVE-
 NILE  OFFENDER  OR SIXTEEN OR SEVENTEEN YEAR OLD'S care and notification
 A. 2620                             6
 
 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 140.27 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] THE JUVENILE OFFENDER
 OR SIXTEEN OR SEVENTEEN YEAR OLD'S care or the person with whom  [he  or
 she]  THE  JUVENILE  OFFENDER  OR SIXTEEN OR SEVENTEEN YEAR OLD is domi-
 ciled, 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] THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD 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] THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN
 YEAR  OLD  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
 a juvenile offender or [such person] SIXTEEN OR SEVENTEEN YEAR  OLD,  to
 [his  or  her]  THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S
 residence and there, SUBJECT TO THE REQUIREMENTS  OF  PARAGRAPH  (C)  OF
 THIS SUBDIVISION, question [him or her] THE JUVENILE OFFENDER OR SIXTEEN
 OR SEVENTEEN YEAR OLD 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)  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] THE JUVENILE OFFENDER OR SIXTEEN OR SEVEN-
 TEEN YEAR OLD'S 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] THE JUVENILE OFFENDER OR SIXTEEN OR SEVEN-
 TEEN YEAR OLD'S right to have an attorney present at  such  questioning;
 and
   [(d)]  (D)  of [his or her] THE JUVENILE OFFENDER OR SIXTEEN OR SEVEN-
 TEEN YEAR OLD'S right to have an attorney provided for [him or her]  THE
 JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD without charge if [he
 or  she]    THE  JUVENILE  OFFENDER  OR SIXTEEN OR SEVENTEEN YEAR OLD 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
 A. 2620                             7
 
 [such person his or her] SIXTEEN OR SEVENTEEN  YEAR  OLD,  THE  JUVENILE
 OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S age, the presence or absence
 of [his or her] THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S
 parents  or other persons legally responsible for [his or her] THE JUVE-
 NILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S 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.  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] THE JUVENILE
 OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S care or the person with whom
 [he  or  she]  THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD 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]  THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD
 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] THE JUVENILE OFFENDER  OR  SIXTEEN  OR  SEVENTEEN
 YEAR  OLD  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] THE JUVENILE OFFENDER OR SIXTEEN OR  SEVENTEEN  YEAR  OLD'S
 residence  and  there,  SUBJECT  TO THE REQUIREMENTS OF PARAGRAPH (C) OF
 THIS SUBDIVISION, question [him or her] THE JUVENILE OFFENDER OR SIXTEEN
 OR SEVENTEEN YEAR OLD 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 [he or  she]  OR
 UNTIL:
   (I)  THE  JUVENILE  OFFENDER  OR  SIXTEEN  OR SEVENTEEN YEAR OLD and a
 person required to be notified pursuant to PARAGRAPH (A) OF this  subdi-
 vision, if present, have been advised:
   [(a)]  (A)  of [his or her] THE JUVENILE OFFENDER OR SIXTEEN OR SEVEN-
 TEEN YEAR OLD'S 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] THE JUVENILE OFFENDER OR SIXTEEN OR SEVEN-
 TEEN YEAR OLD'S right to have an attorney present at  such  questioning;
 and
   [(d)]  (D)  of [his or her] THE JUVENILE OFFENDER OR SIXTEEN OR SEVEN-
 TEEN YEAR OLD'S right to have an attorney provided for [him or her] THEM
 without charge if [he or she is] THEY ARE unable to  afford  counsel[.];
 AND
 A. 2620                             8
 
   (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] THE JUVENILE
 OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S age, the presence or absence
 of [his or her] THE JUVENILE OFFENDER OR SIXTEEN OR SEVENTEEN YEAR OLD'S
 parents or other persons legally responsible for [his or her] THE  JUVE-
 NILE  OFFENDER  OR SIXTEEN OR SEVENTEEN YEAR OLD'S 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.
   § 13. This act shall take effect April 1, 2026.

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Assembly Bill A2620

Sponsored By

Current Bill Status - In Assembly Committee

co-Sponsors

2025-A2620 (ACTIVE) - Details

2025-A2620 (ACTIVE) - Summary

2025-A2620 (ACTIVE) - Bill Text download pdf

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Assembly Bill A2620

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Sponsored By

HEVESI

Current Bill Status - In Assembly Committee

co-Sponsors

Sarah Clark

Steven Raga

Jo Anne Simon

Anna Kelles

2025-A2620 (ACTIVE) - Details

2025-A2620 (ACTIVE) - Summary

2025-A2620 (ACTIVE) - Bill Text download pdf

Comments