New York S 6646: Relates to the powers of the commissioner of health in administering the elderly pharmaceutical insurance coverage program

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S06646 Summary:

BILL NOS06646 

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SAME ASNo Same As

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SPONSORSANDERS

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COSPNSR

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MLTSPNSR

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

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Provides that statements made by minor defendants as a result of deception by law enforcement during custodial interrogation are inadmissible.

Go to top S06646 Actions:

BILL NOS06646 

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03/19/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS06646 Committee&nbspVotes:

Go to topS06646 Floor&nbspVotes:

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

Go to topS06646 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6646

 2025-2026 Regular Sessions

 IN SENATE

 March 19, 2025
 ___________

 Introduced by Sen. SANDERS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law and the family court act, in
 relation to admissibility of statements obtained from persons under
 eighteen years of age by means of deception

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

 1 Section 1. Section 60.45 of the criminal procedure law is amended by
 2 adding a new subdivision 2-a to read as follows:
 3 2-a. (a) A confession, admission or other statement by a defendant who
 4 is under eighteen years of age shall be presumed to be involuntarily
 5 made when it is obtained while such defendant is the subject of custo-
 6 dial interrogation:
 7 (i) conducted by a public servant at a detention facility, as defined
 8 in paragraph (a) of subdivision three of this section; and
 9 (ii) a public servant knowingly engages in deception during such
 10 custodial interrogation.
 11 (b) As used in this subdivision, "deception" means the knowing commu-
 12 nication of false facts about evidence or unauthorized statements
 13 regarding leniency made to a respondent by a public servant for the
 14 purpose of eliciting an incriminating response from such respondent.
 15 (c) The presumption under paragraph (a) of this subdivision may be
 16 overcome by a preponderance of the evidence that the confession, admis-
 17 sion or other statement was voluntarily given, provided that the burden
 18 of proof in any hearing pursuant to this subdivision shall rest upon the
 19 people.
 20 § 2. Section 344.2 of the family court act is amended by adding a new
 21 subdivision 3-a to read as follows:
 22 3-a. (a) A confession, admission or other statement by a respondent
 23 who is less than eighteen years of age shall be presumed to be involun-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09817-01-5

 S. 6646 2

 1 tarily made when it is obtained while such respondent is the subject of
 2 custodial interrogation:
 3 (i) conducted by a public servant at a detention facility, as defined
 4 in paragraph (a) of subdivision three of section 60.45 of the criminal
 5 procedure law; and
 6 (ii) a public servant knowingly engages in deception during such
 7 custodial interrogation.
 8 (b) As used in this subdivision, "deception" means the knowing commu-
 9 nication of false facts about evidence or unauthorized statements
 10 regarding leniency made to a respondent by a public servant for the
 11 purpose of eliciting an incriminating response from such respondent.
 12 (c) The presumption under paragraph (a) of this subdivision may be
 13 overcome by a preponderance of the evidence that the confession, admis-
 14 sion or other statement was voluntarily given, provided that the burden
 15 of proof in any hearing pursuant to this subdivision shall rest upon the
 16 people.
 17 § 3. This act shall take effect on the ninetieth day after it shall
 18 have become a law.

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