STATE OF NEW YORK
________________________________________________________________________
6533
2019-2020 Regular Sessions
IN SENATE
June 15, 2019
___________
Introduced by Sen. MONTGOMERY -- (at request of the Office of Court
Administration) -- read twice and ordered printed, and when printed to
be committed to the Committee on Rules
AN ACT to amend the family court act, in relation to video recording of
interrogations of juveniles in juvenile delinquency proceedings in
family court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 8 of section 305.2 of the family court act, as
2 amended by chapter 398 of the laws of 1983, is amended and a new subdi-
3 vision 5-a is added to read as follows:
4 5-a. Where a child is subject to interrogation at a facility desig-
5 nated by the chief administrator of the courts as a suitable place for
6 the questioning of juveniles pursuant to subdivision four of this
7 section, the entire interrogation, including the giving of any required
8 notice to the child as to his or her rights and the child's waiver of
9 any rights, shall be video recorded in a manner consistent with stand-
10 ards established by rule of the division of criminal justice services
11 pursuant to paragraph (e) of subdivision three of section 60.45 of the
12 criminal procedure law. The interrogation shall be recorded in a manner
13 such that the persons in the recording are identifiable and the speech
14 is intelligible. A copy of the recording shall be subject to discovery
15 pursuant to section 331.2 of this article.
16 8. In determining the suitability of questioning and determining the
17 reasonable period of time for questioning such a child, the child's age,
18 the presence or absence of his or her parents or other persons legally
19 responsible for his or her care [and], notification pursuant to subdivi-
20 sion three and, where the child has been interrogated at a facility
21 designated by the chief administrator of the courts as a suitable place
22 for the questioning of juveniles, whether the interrogation was in
23 compliance with the video-recording and disclosure requirements of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09847-01-9
S. 6533 2
1 subdivision five-a of this section shall be included among relevant
2 considerations.
3 § 2. Subdivision 3 of section 344.2 of the family court act, as added
4 by section 2 of part VVV of chapter 59 of the laws of 2017, is amended
5 to read as follows:
6 3. Where a respondent is subject to [custodial] interrogation by a
7 public servant at a facility specified in subdivision four of section
8 305.2 of this article, the entire custodial interrogation, including the
9 giving of any required advice of the rights of the individual being
10 questioned, and the waiver of any rights by the individual, shall be
11 recorded and governed in [accordance] a manner consistent with [the
12 provisions of paragraphs (a), (b), (c), (d) and] standards established
13 by rule of the division of criminal justice services pursuant to para-
14 graph (e) of subdivision three of section 60.45 of the criminal proce-
15 dure law. The interrogation shall be recorded in a manner such that the
16 persons in the recording are identifiable and the speech is intelligi-
17 ble. A copy of the recording shall be subject to discovery pursuant to
18 section 331.2 of this article.
19 § 3. This act shall take effect on the first of November in the year
20 next succeeding the year in which this act shall have become a law and
21 shall apply only to confessions, admissions or other statements made on
22 or after such effective date. Effective immediately, the addition,
23 amendment and/or repeal of any rule or regulation necessary for the
24 implementation of this act on its effective date are authorized to be
25 made by the division of criminal justice services on or before such
26 effective date.
