New York A 3269: Precludes inadmissible statements made by defendants because of false information and requires data collection of recorded interrogations

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A03269 Summary:

BILL NOA03269 

&nbsp

SAME ASSAME AS S01860

&nbsp

SPONSORVanel

&nbsp

COSPNSRWalker, Meeks, Burdick

&nbsp

MLTSPNSR

&nbsp

Amd §60.45, CP L; amd §344.2, Fam Ct Act

&nbsp

Precludes inadmissible statements made by defendants because of false facts about evidence or because of a statement that undermines the reliability of the defendant's statement; requires data collection and analysis by the division of criminal justice services of recorded interrogations.

Go to top A03269 Actions:

BILL NOA03269 

&nbsp

01/27/2025referred to codes

01/07/2026referred to codes

Go to topA03269 Committee&nbspVotes:

Go to topA03269 Floor&nbspVotes:

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

Go to topA03269 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3269

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. VANEL, WALKER -- read once and referred to the
 Committee on Codes

 AN ACT to amend the criminal procedure law and the family court act, in
 relation to defendants' and juvenile respondents' statement admissi-
 bility and recorded interrogations

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

 1 Section 1. Subdivisions 1 and 2 of section 60.45 of the criminal
 2 procedure law are amended and a new subdivision 4 is added to read as
 3 follows:
 4 1. Evidence of a written or oral confession, admission, or other
 5 statement made by a defendant with respect to [his] such defendant's
 6 participation or lack of participation in the offense charged, may not
 7 be received in evidence against [him] such defendant in a criminal
 8 proceeding if such statement was involuntarily made.
 9 2. A confession, admission or other statement is "involuntarily made"
 10 by a defendant when it is obtained from [him] such defendant:
 11 (a) By any person by the use or threatened use of physical force upon
 12 the defendant or another person, or by means of any other improper
 13 conduct or undue pressure which impaired the defendant's physical or
 14 mental condition to the extent of undermining [his] such defendant's
 15 ability to make a choice whether or not to make a statement; or
 16 (b) By a public servant engaged in law enforcement activity or by a
 17 person then acting under [his] such public servant's direction or in
 18 cooperation with [him] such public servant:
 19 (i) by means of any promise or statement of fact, which promise or
 20 statement undermines the reliability of the defendant's statement, or
 21 creates a substantial risk that the defendant might falsely incriminate
 22 [himself] themself; [or]
 23 (ii) by knowingly communicating false facts about evidence to the
 24 defendant; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05398-01-5

 A. 3269 2

 1 (iii) in violation of such rights as the defendant may derive from the
 2 constitution of this state or of the United States.
 3 4. The division of criminal justice services shall collect and analyze
 4 the following data related to the recordation of interrogations pursuant
 5 to the requirements of subdivision three of this section, including but
 6 not limited to:
 7 (a) The aggregate annual number of recorded interrogations in
 8 detention facilities for all categories of criminal charges, including
 9 such charges as required by paragraph (a) of subdivision three of this
 10 section and any additional recorded interrogations.
 11 (b) The disaggregate data for each case involving a custodial interro-
 12 gation of a person suspected of committing a crime that occurred in a
 13 detention facility, including:
 14 (i) Whether the interrogation was recorded.
 15 (ii) If the interrogation was not recorded, whether there was a show-
 16 ing of good cause pursuant to paragraph (c) of subdivision three of this
 17 section.
 18 (iii) The duration of the interrogation and the circumstances of the
 19 recorded interrogation, including:
 20 (1) Whether the recording began: (A) when the suspect entered the
 21 interrogation room; (B) when the suspect was read their Miranda rights;
 22 or (C) after the suspect was read their Miranda rights; and
 23 (2) Whether t