New York S 9152: Requires that Miranda rights statements be more specific

Bill Text

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S09152 Summary:

BILL NOS09152 

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SAME ASSAME AS A08384

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SPONSORBAILEY

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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 S09152 Actions:

BILL NOS09152 

&nbsp

02/06/2026REFERRED TO CODES

Go to topS09152 Committee&nbspVotes:

Go to topS09152 Floor&nbspVotes:

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

Go to topS09152 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9152

 IN SENATE

 February 6, 2026
 ___________

 Introduced by Sen. BAILEY -- read twice and ordered printed, and when
 printed to be committed 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
 25 other person legally responsible for [his or her] the juvenile
 26 offender's care or the person with whom [he or she] the juvenile offen-
 27 der is domiciled, that such offender or person has been arrested, and

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

 S. 9152 2

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