New York A 8384: Requires that Miranda rights statements be more specific

Bill Text

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A08384 Summary:

BILL NOA08384 

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SAME ASSAME AS S09152

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SPONSORBichotte Hermelyn

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COSPNSR

&nbsp

MLTSPNSR

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Amd §§120.90, 140.20, 140.27 & 140.40, CP L; amd §501-h, Exec L; amd §§305.2 & 320.3, Fam Ct Act

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Requires that Miranda rights statements be more specific with respect to the right to counsel; requires inquiry into whether such rights are understood.

Go to top A08384 Actions:

BILL NOA08384 

&nbsp

05/13/2025referred to codes

01/07/2026referred to codes

Go to topA08384 Committee&nbspVotes:

Go to topA08384 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08384 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8384

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 13, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
 the Committee on Codes

 AN ACT to amend the criminal procedure law, the executive law and the
 family court act, in relation to requiring that Miranda rights state-
 ments be more specific

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 120.90 of the criminal procedure law is amended by
 2 adding a new subdivision 9 to read as follows:
 3 9. (a) Upon arresting a defendant, including a juvenile offender, for
 4 any offense pursuant to a warrant of arrest, a police officer shall
 5 inform the defendant of the following rights prior to commencing any
 6 questioning or interrogation:
 7 "You have the right to consult an attorney before speaking to the
 8 police and to have an attorney present during questioning now or in the
 9 future. If you cannot afford an attorney, one will be appointed for you
 10 before any questioning if you wish. If you decide to answer questions
 11 now without an attorney present, you will still have the right to stop
 12 answering at any time until you talk to an attorney. Knowing and under-
 13 standing your rights as I have explained them to you, are you willing to
 14 answer my questions without an attorney present?"
 15 (b) In the event that the defendant indicates that the defendant does
 16 not understand such rights, all questioning or interrogation shall cease
 17 until an attorney has been provided for the defendant and such attorney
 18 is present with the defendant for the questioning or interrogation.
 19 § 2. Subdivision 6 of section 140.20 of the criminal procedure law,
 20 as amended by section 20 of part WWW of chapter 59 of the laws of 2017,
 21 is amended and a new subdivision 9 is added to read as follows:
 22 6. Upon arresting a juvenile offender or a person sixteen or commenc-
 23 ing October first, two thousand nineteen, seventeen years of age without
 24 a warrant, the police officer shall immediately notify the parent or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09713-01-5

 A. 8384 2

 1 other person legally responsible for [his or her] the juvenile
 2 offender's care or the person with whom [he or she] the juvenile offen-
 3 der is domiciled, that such offender or person has been arrested, and
 4 the location of the facility where [he or she] the juvenile offender is
 5 being detained. If the officer determines that it is necessary to ques-
 6 tion a juvenile offender or such person, the officer must take [him or
 7 her] the juvenile offender to a facility designated by the chief admin-
 8 istrator of the courts as a suitable place for the questioning of chil-
 9 dren or, upon the consent of a parent or other person legally responsi-
 10 ble for the care of the juvenile or such person, to [his or her] the
 11 juvenile offender's residence and there question [him or her] the juve-
 12 nile offender for a reasonable period of time. A juvenile or such person
 13 shall not be questioned pursuant to this section unless [he or she] the
 14 juvenile offender and a person required to be notified pursuant to this
 15 subdivision, if present, have been advised[:
 16 (a) of the juvenile offender's or such person's right to remain
 17 silent;
 18 (b) that the statements made by him or her may be used in a court of
 19 law;
 20 (c) of his or her right to have an attorney pr