Senate Bill S1099A

2023-2024 Legislative Session

Relates to procedures required for the custodial interrogation of children

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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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Actions
Votes

Bill Amendments

co-Sponsors

2023-S1099 - Details

See Assembly Version of this Bill:
A8923
Current Committee:
Senate Finance
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: S4980, A6982
2021-2022: S2800, A5891

2023-S1099 - 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-S1099 - Sponsor Memo

2023-S1099 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1099
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens. BAILEY, BRISPORT, CLEARE, COMRIE, GOUNARDES, HOYL-
   MAN,  JACKSON,  KENNEDY,  KRUEGER,  MYRIE,  PARKER,  RIVERA,  SALAZAR,
   SEPULVEDA  --  read  twice and ordered printed, and when printed to be
   committed 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03283-01-3
              

co-Sponsors

2023-S1099A (ACTIVE) - Details

See Assembly Version of this Bill:
A8923
Current Committee:
Senate Finance
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: S4980, A6982
2021-2022: S2800, A5891

2023-S1099A (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-S1099A (ACTIVE) - Sponsor Memo

2023-S1099A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1099--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES,  HARCKHAM,  HINCHEY,
   HOYLMAN-SIGAL,  JACKSON,  KAVANAGH, KENNEDY, KRUEGER, LIU, MAY, MAYER,
   MYRIE, PARKER, RAMOS, RIVERA, SALAZAR,  SANDERS,  SEPULVEDA,  SERRANO,
   STAVISKY,  THOMAS,  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   recommitted  to  the  Committee on Children and Families in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03283-03-4
              

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