New York State Assembly

 
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A02620 Summary:

A02620 Actions:

A02620 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Hevesi      
DATE:03/25/2025AYE/NAY:10/5  Action: Favorable refer to committee Codes        
Hevesi
Aye
Maher
Nay
Davila
Aye
Pirozzolo
Nay
Anderson
Aye
Jensen
Nay
Clark
Aye
Bologna
Nay
Lunsford
Aye
Molitor
Nay
Meeks
Aye
Gonzalez-Rojas
Aye
Mitaynes
Excused
Chandler-Waterm
Excused
Lee
Aye
Lasher
Aye
Wieder
Aye

Committee:CODES   Chair:Dinowitz      
DATE:04/08/2025AYE/NAY:16/5  Action: Favorable refer to committee Ways and Means        
Dinowitz
Aye
Morinello
Nay
Cook
Aye
Reilly
Nay
Lavine
Aye
Mikulin
Nay
Weprin
Aye
Tannousis
Nay
Hevesi
Aye
Angelino
Excused
Seawright
Aye
Molitor
Nay
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Epstein
Aye
Bores
Aye
Reyes
Aye
Cunningham
Aye
Romero
Aye
Alvarez
Aye

Committee:WAYS AND MEANS   Chair:Pretlow      
DATE:05/20/2025AYE/NAY:24/11  Action: Favorable refer to committee Rules        
Pretlow
Aye
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Colton
Aye
Hawley
Nay
Cook
Aye
Blankenbush
Nay
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Nay
Braunstein
Aye
Manktelow
Nay
McDonald
Nay
Smullen
Nay
Rozic
Aye
Giglio
Nay
Dinowitz
Aye
Magnarelli
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Otis
Aye
Solages
Aye
Hunter
Aye
Epstein
Aye
Septimo
Aye

Committee:RULES   Chair:Glick      
DATE:05/21/2025AYE/NAY:20/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Pretlow
Aye
Hawley
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Excused
Smith
Nay
Peoples-Stokes
Aye
Jensen
Nay
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A02620 Floor Votes:

A02620 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2620B
 
SPONSOR: Hevesi

 
TITLE OF BILL:
 
An act to amend the family court act and the criminal procedure law, in
relation to the custodial interrogation of juveniles by law enforcement
 
 
PURPOSE:
 
This bill makes several changes to the Family Court Act to clarify and
protect the rights of children in the custody of law enforcement and
makes corresponding changes to the Criminal Procedure Law to address
children arrested as juvenile offenders and consult with an attorney
before they can be subjected to custodial interrogation by law enforce-
ment, thereby ensuring any waiver of rights under Miranda is genuinely
knowing, voluntary, and intelligent. The bill also requires a child
arrested without a warrant be brought directly to court, as opposed to
the police station, if a parent or legally responsible adult is not
expected to appear for them and they are not being questioned, unless
otherwise required under the Criminal Procedure Law.
 
 
SUMMARY OF PROVISIONS:
 
This bill makes several changes to the Family Court Act to clarify and
protect the rights of children in the custody of law enforcement and
makes corresponding changes to the Criminal Procedure Law to address
children arrested as juvenile offenders and consult with an attorney
before they can be subjected to custodial interrogation by law enforce-
ment, thereby ensuring any waiver of rights under Miranda is genuinely
knowing, voluntary, and intelligent. The bill also requires a child
arrested without a warrant be brought directly to court, as opposed to
the police station, if a parent or legally responsible adult is not
expected to appear for them and they are not being questioned, unless
otherwise required under the Criminal Procedure Law.
 
 
SUMMARY OF PROVISIONS:
 
Section one amends FCA § 305.2(3) to make clear that law enforcement's
obligation to "immediately" notify a parent. or person legally responsi-
ble (PLR) that their child has been taken into custody requires that
this notification take place before that child can be taken from the
location at which he or she was taken into custody to the police station
or any other location.
 
Section two amends FCA § 305.2(4) (a) to state that when law enforcement
has notified an arrested child's pare t or PLR' and reasonably believes
that the parent or PLR will appear for the child, law enforcement shall
take that child to his home, the station house, or another agreed upon
location to release him to his parent-or PLR.
 
Section three amends FCA S 305.2(4) (b) to state that when law enforce-
ment does not reasonably believe that an arrested child's parent or PLR
will appear for the child, law enforcement shall take that child to
family court or, if family court is not in session, to the designated
magistrate for the child's initial appearance under FCA § 307.4.
 
Section four amends FCA § 305.2(4) (c) to conform with other amended
subsections and Clarify that an arrested child shall only be taken to
detention if the officer did not release the child or bring the child to
family court or the designated magistrate.
 
Section five amends FCA § 305.2(5) to require that when a child has
allegedly committed a designated felony act and the family court is not
in session that law enforcement to take such youth to the most accessi-
ble magistrate to conduct a hearing under FCA section 307.4

Section six amends FCA § 305.2(5-a) to make technical changes.
 
Section seven amends and renumbers FCA § 305.2(6) which clarifies that
if an officer determines that questioning of a child necessary prior to
taking certain actions the officer may take the child to a facility
designated as suitable for questioning by the chief administrator of the
courts.
 
Section eight amends FCA § 305.2 (7) (8) to make clear that law enforce-
ment's obligation with respect to a child taken into custody as a person
in need of supervision to "immediately" notify a parent or person legal-
ly responsible that their child has been taken into custody requires
that this notification takes place before that child can be taken from
the location at which he or she was taken into custody to the police
station or any other location.
 
Section nine amends FCA § 724 (b) (c) to create separate paragraphs and
in paragraph (a) makes clear that law enforcement's obligation with
respect to a child taken into, custody as a juvenile offender or as a
person sixteen (or as of October 1, 2019, seventeen) to "immediately"
notify a parent or person legally responsible that their child has been
taken into custody requires that this notification takes place before
that child can be taken from the location at which he/she was taken into
custody to the police station or any other location.
 
Section ten amends CPL § 140.20(6) to create separate paragraphs and in
paragraph (a) makes clear that law enforcement's obligation with respect
to a child taken into custody as a juvenile offender or as a person
sixteen (or as of October 1, 2019, seventeen) to "immediately" notify a
parent or person legally responsible that their child has been taken
into custody requires that this notification takes place before that
child can be taken from the location at which he or she was taken into
custody to the police station or any other location.

Section 11 amends CPL § 140.27(5) to create separate paragraphs and in
paragraph (a) makes clear that law enforcement's obligation with respect
to a child taken into custody as a juvenile offender or as a person
sixteen (or as of October 1, 2019, seventeen) to "immediately" notify a
parent or person legally responsible that their child has been taken
into custody requires that this notification takes place before that
child can be taken from the location at which he or she was taken into
custody to the police station or any other location.
 
Section 12 establishes the effective date.
 
 
EXISTING LAW:
 
Existing law in New York State does not ensure that children under 18
years old - with all of their inherent developmental limitations - are
adequately and appropriately able to protect their right to remain
silent pursuant to the 5th Amendment of the United States Constitution.
The Family Court Act and the Criminal Procedure Law already require law
enforcement to "immediately" notify the parent or person legally respon-
sible of a child's arrest. The term "immediate," however, is undefined
under current law, and in practice, law enforcement regularly brings
arrested children to the police station house before notifying parents
or persons legally responsible The statutes also state that law enforce-
ment may only interrogate children when "necessary," but do not define
that crucial term. This ambiguity not only places vulnerable youth at
risk of being unreasonably interrogated, but it also forces law enforce-
ment to contend with uncertainty about what they are permitted to do
under the law and leaves the courts with little guidance when called
upon to interpret this requirement. Also, under current law, when the
police take a youth into custody and wish to interrogate that youth, the
police must advise the child of his/her right to remain silent and,
whenever possible, notify a parent or responsible adult to assist the
youth in deciding whether to waive this right. Family Court; Act §
305.2; Criminal Procedure Law § 140.20(6). This process does not prevent
youth from waiving their Miranda rights nor does it ensure that waiver
is knowing, voluntary and intelligent, as required by the Constitution.
 
 
JUSTIFICATION:
 
The bill makes three crucial changes to § 305.2 .of the Family Court Act
and to. § 140.20(6), 140.27(5) and 140.40(5) of the Criminal Procedure
Law. First, it clarifies that law enforcement cannot take a child to the
station house until they have notified a parent or person legally
responsible. Second, it requires that juveniles consult with counsel
before they can waive their rights under Miranda. The bill also makes
the first two changes to Family Court Act § 724.
 
Family Court Act §§ 305.2 and 724 and Criminal Procedure Law 140.20(6),
140.27(5) and 140.40(5) already require that law enforcement immediately
notify an arrested child's parent or legally responsible adult that the
child has been taken into custody; this proposal clarifies that immedi-
ate notification must take place before the officer takes the child to
another location. In an era in which all officers are equipped with
mobile phones, they are able to make contact with parents without first
taking children to the station house. In most cases, this will also mean
the officer will be able to make a more immediate determination whether
to bring the child to the station house, to the family court, or to
another location permitted by statute.
 
Under this proposal, unless questioning is necessary, after notifying a
parent, the officer may transport a child to his home, to another greed
upon location, or to the station house for purposes of releasing the
child to the parent with a desk appearance ticket under Family Court Act
 
§ 305.2 or after securing a written promise from the parent to bring the
child to the designated lead agency at specified time and place under
Family Court Act § 724. When the officer does not have reason to believe
that the parent will appear for the child, unless questioning is neces-
sary, the officer may bring the child straightaway to family court,
before a designated magistrate, to the designated lead agency, or to
another location specified in § 305.2(4) or § 724. Under the proposed
Criminal Procedure Law provisions, unless questioning is necessary,
after notifying the parent, the officer may release the youth with a
 
desk appearance ticket or bring the youth to the appropriate court or
otherwise proceed according to the provisions of the CPL.
 
This bill would also establish that under Family Court Act § 3052 and
Criminal Procedure Law § 140.20(6), 140.27(5) and 140.40(5), a child
suspect can only be questioned after consulting with an attorney by
phone, video, or in person. That consultation would be non-waivable, and
the taking of a statement without consultation with counsel, necessity,
or waiver of Miranda rights by a parent if present, would result in
suppression of the statement. Under Family Court Act § 724, a statement
would not be admissible into evidence at a fact-finding hearing since
the petitioner is usually a parent -and thus the child can never have
the advice and assistance of a parent who does not have a conflict of
interest. This treatment is comparable to those statements given to the
designated lead agency before fact finding.  The decision to waive one's
constitutional right to be silent has enormous consequences, which is
why the law requires. that the decision be "knowing, voluntary, and
intelligent." See Miranda v. Arizona 384 U.S.436 (1966). Because chil-
dren are fundamentally different from adults, different safeguards are
required in order for a child to make a knowing, voluntary, and intelli-
gent decision about a Miranda waiver.

The importance of additional Miranda protections for adolescents is
well-grounded in science. It is firmly established that brain develop-
ment continues into adulthood, and in recent years, the scientific
community has come to a resounding consensus that the prefrontal cortex
of the brain which largely governs decision-making, and judgment gener-
ally does not mature until well after the teenage years.* In fact, the
research demonstrates that the brain undergoes a "rewiring" process that
is not complete until approximately 25 years of age.** As a result,
youth are not yet able to consider the longterm consequences of their
actions or to resist environmental pressures as well as adults. The
ability to consider the consequences of one's actions and vulnerability
to environmental pressure are precisely the kinds of issues at play in a
custodial interrogation setting.*** Adolescents especially struggle to
process information and make sound decisions in stressful situations,
such as during interrogation.**** Additionally, research shows that
adolescents especially those in the justice system, who have high rates
of intellectual disability - often do not have the cognitive skills
necessary to understand the words or concepts in the Miranda warnings.
 
The consensus that adolescents' decision-making capabilities are not
fully developed and that, for this reason, young people require unique
legal protections has been recognized and embraced by the United States
Supreme Court. Children are, in the Court's words, "generally less
mature and responsible than adults;" "they often lack the experience,
perspective, and judgment to recognize and avoid choices that could be
detrimental to them"; and "they are more vulnerable or susceptible to
outside pressures than adults." J.D.B.V.  North Carolina, 131 S.Ct.
2394, 2397 (2011) (internal quotations omitted). In addition, the
Supreme Court has recognized that children "have limited understandings
of the criminal justice system and the roles of the institutional actors
within it" Graham v. Florida, 560 U.S. 48, 78 (2010). Addressing the
specific context of police interrogation, the Supreme Court has observed
that events that "would leave a man cold and unimpressed can overawe and
overwhelm a lad in his early teens."  Haley v. Ohio, 332 U.S. 596,
599(1948). Finally, it has noted that "no matter how sophisticated, a
 
juvenile subject of police interrogation cannot be compared to an adult
subject" J.D.B., 131 S.Ct. at 2403 (internal quotations omitted).
 
In fact, leading professional organizations with expertise about chil-
dren agree that attorney consultation is needed during interrogation
because of children's developmental limitations. The American Psycholog-
ical Association, for example, "recommends that particularly vulnerable
suspect populations, including youth, persons with developmental disa-
bilities, and persons with mental illness, be provided special and
professional protection during interrogations such as being accompanied
and advised by an attorney or professional advocate."*****• The American
Academy on Child and Adolescent Psychiatry similarly believes that youth
should have an attorney present during questioning by police and that
"when interviewing juvenile suspects, polite should use terms and
concepts appropriate to the individual's developmental level. Any writ-
ten material should also be geared to the person's grade level and
cognitive capacity. In general, it is not sufficient to simply read or
recite information to a juvenile."****** Unfortunately, the presence of
a parent or responsible adult does not adequately ensure that a child
makes a knowing, voluntary and intelligent decision with respect to his
or her Miranda rights.
 
Parents often have conflicting interests and often misunderstand the
proceedings. Because parents may teach their children to respect and
cooperate with law enforcement, they may find it difficult to advise a
child in custody not to cooperate. Similarly, parents teach their chil-
dren to tell the truth; but often a refusal to speak - even when the
child believes himself to be "innocent"- is in the youth's legal inter-
ests. Parents often find it hard to believe that their child could
possibly do whatever the child is accused of and therefore urge the
child to speak, not realizing that doing so may well undermine the
child's legal interests. Furthermore, when children are arrested, it
often occurs in the context of intra-familial disputes, discord, or
violence. Resulting conflicts of interest force parents to choose
between, on the one hand, giving the child in custody the best advice
and, on the other, looking out for the best interests of the other fami-
ly member involved, which is often the parent him/herself. All of these
issues are compounded when, as is often the case, the parent has been
summoned to the police station in the middle of the night, is feeling
humiliated, resentful, or even angry with the child, and is unable to
must er the kind of dispassionate and reflective thought process neces-
sary to best advise the child. Finally, often the parent or responsible
adult him/herself doesn't understand the meaning and nature of the
rights the youth is being asked to waive.
 
Social science research confirms that the existing parental notification
process to protect the rights of youth is inadequate.  Research has
found that. when parents are present during interrogation, they almost
always either do not help their children make a decision or actually
encourage their children to waive their rights.******* Having a child
rely exclusively on the advice of an adult who may have conflicting
interests and who likely does not him/herself understand the meaning and
nature of the right at stake and the potential consequences of waiving
that right undermines the purpose of Family Court Act § 305 2 and Crimi-
nal Procedure Law §§ 140.20(6), 140.27(5) and 140.40(5).
 
Legal counsel would offer expert, objective advice to young people about
their Constitutional right to remain silent and their ability to waive
this right and speak to the police. Only with the benefit of such a
conflict-free consultation can children make any waiver of this bedrock
right knowingly,' voluntarily, and intelligently, in keeping with
requirements of the state and federal Constitutions. For this reason,
youth under 18 years of age facing custodial interrogation must be
required to consult with legal counsel to assist in their understanding
of their rights and the consequences of waiving those rights prior to
waiving their rights under Miranda.
 
 
LEGISLATIVE HISTORY:
 
2024A.8923A - 3rd Reading S.1099A - Referred to Finance
 
2023A.1963/Joyner -Referred to Ways and Means S.1099/Bailey -Referred to
Finance

2021-2021:A.5891C/Joyner- Passed Assembly S.2800C/Bailey- Referred to
Senate Finance
 
2019-2020:A.6982B/Joyner- Referred to Children and Families Committee
S.4980C/Bailey- Referred to Children and Families Committee
 
 
FISCAL IMPLICATIONS:
 
Although the provision of counsel for consultation at interrogation will
inevitably impose a cost to the state and local jurisdictions, this bill
will also provide an important cost-saving benefit. Under current law,
juvenile defense attorneys and criminal defense attorneys often spend
significant amounts of time litigating the legality of their clients'
interrogation by law enforcement in what are known as Huntley hearings.
These hearings can require several lengthy court appearances, consuming
significant resources of defense attorneys, prosecutors, law enforcement
witnesses, and judges. If this bill becomes law, it will eliminate the
need for a Huntley hearing in the vast majority of cases, significantly
reducing the strain on the many agencies and individuals involved.
 
 
EFFECTIVE DATE:
This act shall take effect one hundred and 80 days after it shall have
become a law.  * Linda B. Chamberlain, The Amazing Teen Brain: What
Every Child Advocate Needs to Know, 28 A.B.A. CHILD. L. PRAC. No. 2 at
17-18 (April 2009).
** M. Arain•et al., Maturation of the Adolescent Brain, 9
NEUROPSY-CHIATR.DIS.TREAT.449-461(2013),available at
https:/www.ncblnlm.nih.gov/pmc/articles/ PMC3621648/, citing L. Gavin et
al., Sexual and Reproductive Health of persons aged 10-24 years United
States, 2002-2007, 58(6) MMWR SURVEILL. SUMM. 1-58 (2009).
*** See Gold-stein et al., Waving Good-bye to Waiver: A Developmental
Argument Against Youths' Waiver of Miranda Rights, Legislation and
Public Policy, vol. 21 (2018); Elizabeth Cauffman & Laurence Steinberg,
Emerging Findings from Research on Adolescent Development and Juvenile
Justice, 7 Victims and Offenders 428, 433 (2012); Laurence Steinberg,
Adolescent Development and Juvenile Justice, 5 Ann. Re .Clinical
Psychol. 459, 65-71 (2009); Laurence. Steinberg, The Science of Adoles-
cent Brain Development and Its Implication for Adolescent Rights and
Responsibilities, in Human Rights and Adolescence 59, 64 (Jacqueline
Bhabha. ed., 2014); Dustin Albert & Laurence Steinberg, Judgment and
Decision-Making in Adolescence, 21 J. Res. Adolescence 211(2011); Linda
Van Leijenhorst et al, Adolescent
 Risky Decision-Making: Neurocognitive Development of Reward and Control
Regions, 51 Neuroimage 345; 353-54 (2010). Sarah-Jayne Blakemore &
Trevor W. Robbins, Decision-Making in the Adolescent Brain, 15 Nature
Neuroscience 1184, 1186 (2012). **** See Goldstein et al., supra.
***** Resolution on Interrogations of Criminal Suspects, Am.
Psychol.Ass'n (2014),
http://www.apa.org/about/policy/interrogations.aspx.Interviewing and
Interrogating Juvenile
Suspects,Am.Acad.Child&AdolescentPsychiatry(Mar.7, 2013),
https://wwvv.aacap.org/aacapipolicy_statements/2013/ Intervievving
and_Interrogating Juvenile-Suspects. aspx.
******* Jodi L. Viljoen et al., Legal Decisions of Preadolescent and
Adolescent Defendants: Predictors of Confessions, Pleas,
their Parents' Conceptual & Practical Knowledge of Police Interrogation:
A Family Dyad Approach, 37 J. Youth & Adolescence 685, 690-94(2008).

A02620 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2620--B
                                                                 Cal. No. 97
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 21, 2025
                                       ___________
 
        Introduced  by  M.  of  A. HEVESI, CLARK, RAGA, SIMON, KELLES, DINOWITZ,
          ROSENTHAL, ZACCARO, R. CARROLL, LAVINE, GLICK,  GONZALEZ-ROJAS,  BRON-
          SON, CUNNINGHAM, MEEKS, ALVAREZ, PAULIN, DE LOS SANTOS, BORES, SIMONE,
          GALLAGHER, WALKER, GIBBS, LUNSFORD, TAPIA, WOERNER, BICHOTTE HERMELYN,
          CRUZ,   SHRESTHA,   SEAWRIGHT,   DAVILA,   HYNDMAN,  STECK,  ZINERMAN,
          O'PHARROW, SCHIAVONI, LEVENBERG, P. CARROLL, TAYLOR, BURDICK,  WEPRIN,
          OTIS,  FORREST,  VANEL,  LUPARDO, REYES, SEPTIMO, MITAYNES, BURROUGHS,
          SOLAGES, DAIS, SHIMSKY, ANDERSON, KIM, VALDEZ, McMAHON, LASHER, DILAN,
          WRIGHT -- Multi-Sponsored by --  M.  of  A.  COOK  --  read  once  and
          referred  to  the  Committee  on Children and Families -- reported and
          referred to the Committee on Codes -- reported  and  referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place on the order of third reading
 
        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:
 
     1    Section  1. Subdivision 3 of section 305.2 of the family court act, as
     2  added by chapter 920 of the laws of 1982, is amended to read as follows:
     3    3. If an officer takes such child into custody or if a child is deliv-
     4  ered to [him] an officer under section 305.1,  [he]  the  officer  shall
     5  immediately,  before transporting the child to the police station house,
     6  make every reasonable effort to notify the parent or other person legal-
     7  ly responsible for the child's care,  or  if  such  legally  responsible
     8  person  is  unavailable the person with whom the child resides, that the
     9  child has been taken into custody.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02102-06-6
        A. 2620--B                          2
 
     1    § 2. Paragraph (a) of subdivision 4 of section  305.2  of  the  family
     2  court  act,  as  added by chapter 920 of the laws of 1982, is amended to
     3  read as follows:
     4    (a)  when  the officer reasonably believes such parent or other person
     5  legally responsible for the child's care will appear, take the child  to
     6  the  child's  home,  the  station house, or another location agreed upon
     7  with the parent or person legally responsible, and release the child  to
     8  the  custody of [his parents or other person legally responsible for his
     9  care] such person upon the issuance in accordance with section 307.1  of
    10  a  family  court  appearance ticket to the child and the person to whose
    11  custody the child is released; or
    12    § 3. Paragraph (b) of subdivision 4 of section  305.2  of  the  family
    13  court  act,  as  amended  by section 63 of part WWW of chapter 59 of the
    14  laws of 2017, is amended to read as follows:
    15    (b) when the officer does not reasonably believe the parent  or  other
    16  person  legally  responsible  for  the  child's care will appear for the
    17  child, forthwith and with all reasonable speed take the child  directly,
    18  and  without  [his]  the  child  first being taken to the police station
    19  house, to the family court located in the county in which the act  occa-
    20  sioning  the  taking  into custody allegedly was committed, or, when the
    21  family court is not in session, to the most  accessible  magistrate,  if
    22  any,  designated  by  the appellate division of the supreme court in the
    23  applicable department to conduct a hearing under section 307.4 [of  this
    24  part, unless the officer determines that it is necessary to question the
    25  child,  in  which case he or she may take the child to a facility desig-
    26  nated by the chief administrator of the courts as a suitable  place  for
    27  the  questioning  of  children or, upon the consent of a parent or other
    28  person legally responsible for the care of the  child,  to  the  child's
    29  residence  and  there  question  him  or  her for a reasonable period of
    30  time]; or
    31    § 4. Paragraph (c) of subdivision 4 of section  305.2  of  the  family
    32  court  act,  as amended by section 3 of part G of chapter 58 of the laws
    33  of 2010, is amended to read as follows:
    34    (c) when the officer does not release the child pursuant to  paragraph
    35  (a)  of  this  subdivision,  or  take  the child to family court or to a
    36  magistrate pursuant to paragraph (b) of this subdivision, take the child
    37  to a place certified by the office of children and family services as  a
    38  juvenile detention facility for the reception of children; or
    39    §  5.  Subdivision  5  of  section  305.2  of the family court act, as
    40  amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
    41  follows:
    42    5.  If  such  child has allegedly committed a designated felony act as
    43  defined in subdivision eight of section 301.2, and the family  court  in
    44  the  county  is  in  session, the officer shall forthwith take the child
    45  directly to such family court[, unless the officer takes the child to  a
    46  facility for questioning in accordance with paragraph (b) of subdivision
    47  four.  If such child has not allegedly committed a designated felony act
    48  and such family court is in session, the officer shall either  forthwith
    49  take  the  child directly to such family court, unless the officer takes
    50  the child to a facility for questioning in accordance with paragraph (b)
    51  of subdivision four or release the child in  accordance  with  paragraph
    52  (a) of subdivision four] or, when the family court is not in session, to
    53  the  most  accessible  magistrate,  if  any, designated by the appellate
    54  division of the supreme court in the applicable department to conduct  a
    55  hearing under section 307.4.
        A. 2620--B                          3
 
     1    §  6.  Subdivision  5-a  of  section 305.2 of the family court act, as
     2  added by chapter 299 of the laws of 2020, is amended to read as follows:
     3    5-a.  Where  a  child is subject to interrogation at a facility desig-
     4  nated by the chief administrator of the courts as a suitable  place  for
     5  the  questioning  of  juveniles  pursuant to subdivision [four] seven of
     6  this section, the entire interrogation,  including  the  giving  of  any
     7  required  notice  to  the  child as to [his or her] their rights and the
     8  child's waiver of any rights,  shall  be  video  recorded  in  a  manner
     9  consistent  with standards established by rule of the division of crimi-
    10  nal justice services pursuant to paragraph (e) of subdivision  three  of
    11  section  60.45 of the criminal procedure law. The interrogation shall be
    12  recorded in a manner such that the persons in the  recording  are  iden-
    13  tifiable  and  the speech is intelligible. A copy of the recording shall
    14  be subject to discovery pursuant to section 331.2 of this article.
    15    § 7. Subdivision 6 of section 305.2 of the family court act, as  added
    16  by chapter 920 of the laws of 1982, is amended to read as follows:
    17    6.  [In  all  other cases] If such child has not allegedly committed a
    18  designated felony act, and in the absence of special circumstances,  the
    19  officer  shall  release  the  child  in accordance with paragraph (a) of
    20  subdivision four.
    21    § 8. Subdivisions 7 and 8 of section 305.2 of the  family  court  act,
    22  subdivision 7 as amended by chapter 398 of the laws of 1983 and subdivi-
    23  sion  8 as amended by chapter 299 of the laws of 2020, are amended and a
    24  new subdivision 10 is added to read as follows:
    25    7. If the officer determines that questioning of the child  is  neces-
    26  sary  prior to taking action authorized by subdivision four or five, the
    27  officer may take the child to a facility designated by the chief  admin-
    28  istrator  of the courts as a suitable place for the questioning of chil-
    29  dren or, upon the consent of a parent or other person legally  responsi-
    30  ble  for  the  care  of  the  child, to the child's residence and there,
    31  subject to the requirements of subdivision eight, question the child for
    32  a reasonable period of time.
    33    8. A child shall not be questioned pursuant  to  this  section  unless
    34  [he] or until:
    35    (a)  the child and a person required to be notified pursuant to subdi-
    36  vision three if present, have been advised:
    37    [(a)] (i) of the child's right to remain silent;
    38    [(b)] (ii) that the statements made by the child  may  be  used  in  a
    39  court of law;
    40    [(c)]  (iii)  of the child's right to have an attorney present at such
    41  questioning; and
    42    [(d)] (iv) of the child's right to have an attorney provided for [him]
    43  them without charge if [he is] they are indigent; and
    44    (b) the child has consulted with legal counsel  in  person,  by  tele-
    45  phone, or by video conference. This consultation may not be waived.
    46    [8.]  9. In determining the suitability of questioning and determining
    47  the reasonable period of time for questioning such a child, the  child's
    48  age,  the  presence  or  absence  of [his or her] the child's parents or
    49  other persons legally responsible for [his or  her]  the  child's  care,
    50  notification pursuant to subdivision three and, where the child has been
    51  interrogated  at a facility designated by the chief administrator of the
    52  courts as a suitable place for the questioning of juveniles, whether the
    53  interrogation was in compliance with the video-recording and  disclosure
    54  requirements  of  subdivision  five-a  of this section shall be included
    55  among relevant considerations.
        A. 2620--B                          4
 
     1    10. In addition to statements that must be suppressed as involuntarily
     2  made within the definition in subdivision two of section 344.2, a state-
     3  ment shall be suppressed: when the child has not  consulted  with  legal
     4  counsel  as  required  by  paragraph (b) of subdivision eight; or when a
     5  person  notified pursuant to subdivision three, if present, has not been
     6  advised of and voluntarily waived the rights delineated in paragraph (a)
     7  of subdivision eight.
     8    § 9. Section 724 of the family court  act,  the  section  heading  and
     9  subdivisions  (b) and (c) as amended by chapter 843 of the laws of 1980,
    10  subdivision (a) as amended by chapter 920 of the  laws  of  1982,  para-
    11  graphs  (i) and (ii) as amended and paragraph (iv) of subdivision (b) as
    12  added by section 4 of part E of chapter 57 of the laws  of  2005,  para-
    13  graph  (iii)  of  subdivision  (b)  as amended by section 7 of part M of
    14  chapter 56 of the laws of 2017, and subdivision (d) as added by  chapter
    15  809 of the laws of 1963, is amended to read as follows:
    16    §  724.  Duties  of  police officer or peace officer after taking into
    17  custody or on delivery by private person. (a) If a peace  officer  or  a
    18  police  officer  takes into custody or if a person is delivered to [him]
    19  the officer under section seven hundred twenty-three, the officer  shall
    20  immediately,  before  transporting the child to any other location, make
    21  every reasonable effort to notify the parent  or  other  person  legally
    22  responsible  for  [his]  the person's care, or the person with whom [he]
    23  the person is domiciled, that [he] the person has been taken into custo-
    24  dy.
    25    (b) After making every reasonable effort to give notice  under  [para-
    26  graph] subdivision (a) of this section, the officer shall
    27    (i)  when  the officer reasonably believes such parent or other person
    28  legally responsible for the child's care will appear, take the child  to
    29  the  child's  home, the police station house, or another location agreed
    30  upon with the parent or person  legally  responsible,  and  release  the
    31  youth to the custody of [his or her parent or other] such person [legal-
    32  ly  responsible  for  his or her care] upon the written promise, without
    33  security, of the person to whose custody the youth is released that  [he
    34  or she] such person will produce the youth before the lead agency desig-
    35  nated  pursuant  to section seven hundred thirty-five of this article in
    36  that county at a time and place specified in writing; or
    37    (ii) when the officer does not reasonably believe such parent or other
    38  person legally responsible for the child's  care  will  appear  for  the
    39  child,  forthwith and with all reasonable speed take the youth directly,
    40  and without first being taken to the police station house, to the desig-
    41  nated lead agency located in the county in which the act occasioning the
    42  taking into custody allegedly was done[, unless the  officer  determines
    43  that  it is necessary to question the youth, in which case he or she may
    44  take the youth to a facility designated by the  chief  administrator  of
    45  the courts as a suitable place for the questioning of youth or, upon the
    46  consent  of a parent or other person legally responsible for the care of
    47  the youth, to the youth's residence and there question him or her for  a
    48  reasonable period of time]; or
    49    (iii)  take a youth in need of crisis intervention or respite services
    50  to a runaway  and  homeless  youth  crisis  services  program  or  other
    51  approved respite or crisis program; or
    52    (iv) take the youth directly to the family court located in the county
    53  in which the act occasioning the taking into custody was allegedly done,
    54  provided  that  the  officer  affirms on the record that [he or she] the
    55  officer attempted to exercise the options identified in paragraphs  (i),
        A. 2620--B                          5
 
     1  (ii)  and  (iii)  of  this  subdivision,  was  unable  to exercise these
     2  options, and the reasons therefor.
     3    (c) In the absence of special circumstances, the officer shall release
     4  the  child in accord with paragraph [(b)] (i) of subdivision (b) of this
     5  section.
     6    (d) If the officer determines that questioning of the child is  neces-
     7  sary  prior  to  taking  action  authorized  by  subdivision (b) of this
     8  section, the officer may take the child to a facility designated by  the
     9  chief  administrator of the courts as a suitable place for the question-
    10  ing of children or, upon the consent of a parent or other person legally
    11  responsible for the care of the child,  to  the  child's  residence  and
    12  there,  subject  to the requirements of subdivision (e) of this section,
    13  question the child for a reasonable period of time.
    14    (e) In determining the suitability of questioning and determining what
    15  is a "reasonable period of time" for questioning a  child,  the  child's
    16  age [and], the presence or absence of [his] the child's parents or other
    17  person  legally  responsible for [his] the child's care and notification
    18  pursuant to subdivision (a) of this section shall be included among  the
    19  relevant considerations.
    20    (f)  No statement made to a peace officer or a police officer prior to
    21  the commencement of a fact-finding hearing may be admitted into evidence
    22  at a fact-finding hearing.
    23    § 10. Subdivision 6 of section 140.20 of the criminal  procedure  law,
    24  as  amended by section 20 of part WWW of chapter 59 of the laws of 2017,
    25  is amended to read as follows:
    26    6. (a) Upon arresting a juvenile  offender  or  a  person  sixteen  or
    27  [commencing  October  first,  two thousand nineteen,] seventeen years of
    28  age without a warrant, the  police  officer  shall  immediately,  before
    29  transporting  the  child to the police station house, make every reason-
    30  able effort to notify the parent or other person legally responsible for
    31  [his or her] the child's care or the person with whom [he  or  she]  the
    32  child  is  domiciled, that such juvenile offender or [person] sixteen or
    33  seventeen year old has been arrested, and the location of  the  facility
    34  where [he or she is being] the child will be detained.
    35    (b) If the officer determines that it is necessary to question a juve-
    36  nile  offender or [such person] sixteen or seventeen year old, the offi-
    37  cer must take [him or her] the juvenile offender or sixteen or seventeen
    38  year old to a facility designated by  the  chief  administrator  of  the
    39  courts  as a suitable place for the questioning of children or, upon the
    40  consent of a parent or other person legally responsible for the care  of
    41  the  juvenile or [such person] sixteen or seventeen year old, to [his or
    42  her] the juvenile offender or sixteen or seventeen year old's  residence
    43  and there, subject to the requirements of paragraph (c) of this subdivi-
    44  sion,  question  [him or her] the juvenile offender or sixteen or seven-
    45  teen year old for a reasonable period of time.
    46    (c) A juvenile offender or [such person] sixteen or seventeen year old
    47  shall not be questioned pursuant to this section unless [he or  she]  or
    48  until:
    49    (i)  the  juvenile  offender  or  sixteen  or seventeen year old and a
    50  person required to be notified pursuant to paragraph (a) of this  subdi-
    51  vision, if present, have been advised:
    52    [(a)]  (A)  of  the  juvenile offender's or [such person's] sixteen or
    53  seventeen year old's right to remain silent;
    54    [(b)] (B) that the statements made by [him or her] the juvenile offen-
    55  der or sixteen or seventeen year old may be used in a court of law;
        A. 2620--B                          6
 
     1    [(c)] (C) of [his or her] the juvenile offender or sixteen  or  seven-
     2  teen  year  old's right to have an attorney present at such questioning;
     3  and
     4    [(d)]  (D)  of [his or her] the juvenile offender or sixteen or seven-
     5  teen year old's right to have an attorney provided for [him or her] them
     6  without charge if [he or she is] they are unable to afford counsel[.];
     7    (ii) the juvenile offender  or  sixteen  or  seventeen  year  old  has
     8  consulted  with an attorney in person, by telephone, or by video confer-
     9  ence. This consultation may not be waived.
    10    (d) In determining the suitability of questioning and determining  the
    11  reasonable  period  of  time for questioning such a juvenile offender or
    12  [person] sixteen or seventeen year old, [his or her] the juvenile offen-
    13  der or sixteen or seventeen year old's age, the presence or  absence  of
    14  [his  or  her]  the juvenile offender or sixteen or seventeen year old's
    15  parents or other persons legally responsible for [his or her] the  juve-
    16  nile  offender  or sixteen or seventeen year old's care and notification
    17  pursuant to paragraph (a) of this subdivision shall  be  included  among
    18  relevant considerations.
    19    (e) In addition to statements that must be suppressed as involuntarily
    20  made  within  the definition in subdivision two of section 60.45 of this
    21  chapter, a statement  shall  be  suppressed:  when  the  child  has  not
    22  consulted with an attorney as required by paragraph (c) of this subdivi-
    23  sion; or when a person notified pursuant to paragraph (a) of this subdi-
    24  vision,  if  present, has not been advised of and voluntarily waived the
    25  rights delineated in paragraph (c) of this subdivision.
    26    § 11. Subdivision 5 of section 140.27 of the criminal  procedure  law,
    27  as  amended by section 23 of part WWW of chapter 59 of the laws of 2017,
    28  is amended to read as follows:
    29    5. (a) Upon arresting a juvenile  offender  or  a  person  sixteen  or
    30  [commencing  October  first,  two thousand nineteen,] seventeen years of
    31  age without a warrant,  the  peace  officer  shall  immediately,  before
    32  transporting  the  child to the police station house, make every reason-
    33  able effort to notify the parent or other person legally responsible for
    34  [his or her] the juvenile offender or sixteen or  seventeen  year  old's
    35  care  or  the  person  with  whom  [he  or she] the juvenile offender or
    36  sixteen or seventeen year old is domiciled, that such juvenile  offender
    37  or  [person]  sixteen  or  seventeen year old has been arrested, and the
    38  location of the facility where [he or she is being] the juvenile  offen-
    39  der or sixteen or seventeen year old will be detained.
    40    (b) If the officer determines that it is necessary to question a juve-
    41  nile  offender or [such person] sixteen or seventeen year old, the offi-
    42  cer must take [him or her] the juvenile offender or sixteen or seventeen
    43  year old to a facility designated by  the  chief  administrator  of  the
    44  courts  as a suitable place for the questioning of children or, upon the
    45  consent of a parent or other person legally responsible for the care  of
    46  a  juvenile  offender or [such person] sixteen or seventeen year old, to
    47  [his or her] the juvenile offender or sixteen or  seventeen  year  old's
    48  residence  and  there,  subject  to the requirements of paragraph (c) of
    49  this subdivision, question [him or her] the juvenile offender or sixteen
    50  or seventeen year old for a reasonable period of time.
    51    (c) A juvenile offender or [such person] sixteen or seventeen year old
    52  shall not be questioned pursuant to this section unless or until:
    53    (i) the juvenile offender or [such person] sixteen or  seventeen  year
    54  old  and  a  person required to be notified pursuant to paragraph (a) of
    55  this subdivision, if present, have been advised:
        A. 2620--B                          7
 
     1    [(a)] (A) of [his or her] the juvenile offender or sixteen  or  seven-
     2  teen year old's right to remain silent;
     3    [(b)]  (B)  that the statements made by the juvenile offender or [such
     4  person] sixteen or seventeen year old may be used in a court of law;
     5    [(c)] (C) of [his or her] the juvenile offender or sixteen  or  seven-
     6  teen  year  old's right to have an attorney present at such questioning;
     7  and
     8    [(d)] (D) of [his or her] the juvenile offender or sixteen  or  seven-
     9  teen  year old's right to have an attorney provided for [him or her] the
    10  juvenile offender or sixteen or seventeen year old without charge if [he
    11  or she]  the juvenile offender or  sixteen  or  seventeen  year  old  is
    12  unable to afford counsel[.]; and
    13    (ii)  the  juvenile  offender  or  sixteen  or  seventeen year old has
    14  consulted with an attorney in person, by telephone or by  video  confer-
    15  ence. This consultation may not be waived.
    16    (d)  In determining the suitability of questioning and determining the
    17  reasonable period of time for questioning such a  juvenile  offender  or
    18  [such  person  his  or  her] sixteen or seventeen year old, the juvenile
    19  offender or sixteen or seventeen year old's age, the presence or absence
    20  of [his or her] the juvenile offender or sixteen or seventeen year old's
    21  parents or other persons legally responsible for [his or her] the  juve-
    22  nile  offender  or sixteen or seventeen year old's care and notification
    23  pursuant to paragraph (a) of this subdivision shall  be  included  among
    24  relevant considerations.
    25    (e) In addition to statements that must be suppressed as involuntarily
    26  made  within  the definition in subdivision two of section 60.45 of this
    27  chapter, a statement  shall  be  suppressed:  when  the  child  has  not
    28  consulted with an attorney as required by paragraph (c) of this subdivi-
    29  sion; or when a person notified pursuant to paragraph (a) of this subdi-
    30  vision,  if  present, has not been advised of and voluntarily waived the
    31  rights delineated in paragraph (c) of this subdivision.
    32    § 12. Subdivision 5 of section 140.40 of the criminal  procedure  law,
    33  as  amended by section 24 of part WWW of chapter 59 of the laws of 2017,
    34  is amended to read as follows:
    35    5. (a) If a police officer takes an arrested juvenile  offender  or  a
    36  person  sixteen  or  [commencing  October first, two thousand nineteen,]
    37  seventeen years of age into custody, the police officer shall immediate-
    38  ly, before transporting the child to  the  police  station  house,  make
    39  every  reasonable  effort  to  notify the parent or other person legally
    40  responsible for [his or her] the juvenile offender or sixteen or  seven-
    41  teen  year  old's  care or the person with whom [he or she] the juvenile
    42  offender or sixteen or seventeen year old is domiciled, that such  juve-
    43  nile  offender  or  [person]  sixteen  or  seventeen  year  old has been
    44  arrested, and the location of the facility where [he or she is  being]
    45  the juvenile offender or sixteen or seventeen year old will be detained.
    46    (b) If the officer determines that it is necessary to question a juve-
    47  nile offender or [such person] sixteen or seventeen year old the officer
    48  must  take  [him  or  her] the juvenile offender or sixteen or seventeen
    49  year old to a facility designated by  the  chief  administrator  of  the
    50  courts  as a suitable place for the questioning of children or, upon the
    51  consent of a parent or other person legally responsible for the care  of
    52  the juvenile offender or [such person] sixteen or seventeen year old, to
    53  [his  or  her]  the juvenile offender or sixteen or seventeen year old's
    54  residence and there, subject to the requirements  of  paragraph  (c)  of
    55  this subdivision, question [him or her] the juvenile offender or sixteen
    56  or seventeen year old for a reasonable period of time.
        A. 2620--B                          8
 
     1    (c) A juvenile offender or [such person] sixteen or seventeen year old
     2  shall  not  be questioned pursuant to this section unless [he or she] or
     3  until:
     4    (i)  the  juvenile  offender  or  sixteen  or seventeen year old and a
     5  person required to be notified pursuant to paragraph (a) of this  subdi-
     6  vision, if present, have been advised:
     7    [(a)]  (A)  of [his or her] the juvenile offender or sixteen or seven-
     8  teen year old's right to remain silent;
     9    [(b)] (B) that the statements made by the juvenile offender  or  [such
    10  person] sixteen or seventeen year old may be used in a court of law;
    11    [(c)]  (C)  of [his or her] the juvenile offender or sixteen or seven-
    12  teen year old's right to have an attorney present at  such  questioning;
    13  and
    14    [(d)]  (D)  of [his or her] the juvenile offender or sixteen or seven-
    15  teen year old's right to have an attorney provided for [him or her] them
    16  without charge if [he or she is] they are unable to  afford  counsel[.];
    17  and
    18    (ii)  the  juvenile  offender  or  sixteen  or  seventeen year old has
    19  consulted with an attorney in person, by telephone, or by video  confer-
    20  ence. This consultation may not be waived.
    21    (d)  In determining the suitability of questioning and determining the
    22  reasonable period of time for questioning such a  juvenile  offender  or
    23  [such  person]  sixteen or seventeen year old, [his or her] the juvenile
    24  offender or sixteen or seventeen year old's age, the presence or absence
    25  of [his or her] the juvenile offender or sixteen or seventeen year old's
    26  parents or other persons legally responsible for [his or her] the  juve-
    27  nile  offender  or sixteen or seventeen year old's care and notification
    28  pursuant to paragraph (a) of this subdivision shall  be  included  among
    29  relevant considerations.
    30    (e) In addition to statements that must be suppressed as involuntarily
    31  made  within  the definition in subdivision two of section 60.45 of this
    32  chapter, a statement  shall  be  suppressed:  when  the  child  has  not
    33  consulted with an attorney as required by paragraph (c) of this subdivi-
    34  sion; or when a person notified pursuant to paragraph (a) of this subdi-
    35  vision,  if  present, has not been advised of and voluntarily waived the
    36  rights delineated in paragraph (c) of this subdivision.
    37    § 13. This act shall take effect on  the  one  hundred  eightieth  day
    38  after it shall have become a law.