New York S 878: Relates to procedures required for the custodial interrogation of children

Bill Text

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S00878 Summary:

BILL NOS00878C

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SAME ASSAME AS A02620-B

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SPONSORBAILEY

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COSPNSRBASKIN, BOTTCHER, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ,
 GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RAMOS,
 RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, SUTTON, WEBB, ZELLNER

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MLTSPNSR

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Amd §§305.2 & 724, Fam Ct Act; amd §§140.20, 140.27 & 140.40, CP L

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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.

Go to top S00878 Actions:

BILL NOS00878C

&nbsp

01/08/2025REFERRED TO CHILDREN AND FAMILIES

02/03/2025AMEND AND RECOMMIT TO CHILDREN AND FAMILIES

02/03/2025PRINT NUMBER 878A

04/29/2025REPORTED AND COMMITTED TO CODES

05/06/2025AMEND AND RECOMMIT TO CODES

05/06/2025PRINT NUMBER 878B

01/07/2026REFERRED TO CHILDREN AND FAMILIES

03/10/2026REPORTED AND COMMITTED TO CODES

03/25/2026AMEND AND RECOMMIT TO CODES

03/25/2026PRINT NUMBER 878C

05/18/2026REPORTED AND COMMITTED TO FINANCE

Go to topS00878 Committee&nbspVotes:

Go to topS00878 Floor&nbspVotes:

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

Go to topS00878 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 878--C

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. BAILEY, BASKIN, BRISPORT, BROUK, CLEARE, COMRIE,
 COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM,
 HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER,
 RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, SUTTON,
 WEBB -- read twice and ordered printed, and when printed to be commit-
 ted to the Committee on Children and Families -- committee discharged,
 bill amended, ordered reprinted as amended and recommitted to said
 committee -- reported favorably from said committee and committed to
 the Committee on Codes -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee -- recommitted
 to the Committee on Children and Families in accordance with Senate
 Rule 6, sec. 8 -- reported favorably from said committee and committed
 to the Committee on Codes -- 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:

 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.
 LBD02102-07-6

 S. 878--C 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