What's happening
This bill requires law enforcement to read specific rights and ask key questions before questioning anyone under 18 in custody.
Why it matters
Strengthens protections for youth. by requiring law enforcement to follow a specific script before questioning anyone under 18, aiming to ensure minors understand their rights and prevent coerced or uninformed confessions.
Makes statements inadmissible. if these procedures aren’t followed, meaning any confession or admission from a minor can be ruled “involuntarily made” and excluded from court if police skip the mandated warnings and questions.
Addresses common misunderstandings. among minors, who may not fully grasp their right to silence or to legal counsel, by obligating police to clearly state these rights and directly check if the minor wants to talk or have a lawyer.
Could impact police procedures and case outcomes. , potentially leading to fewer juvenile confessions being used in court and encouraging law enforcement to take extra care when handling young suspects—changing the dynamic of youth interrogations in New York.
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Who cares
Headline styles
Miranda Rights for Minors
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Enacting clause stricken
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Advise Kids of Rights
In Senate Committee · Codes · Sponsor Michael Gianaris
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1629
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. MOSLEY -- 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 requiring law enforcement authorities to advise persons under the age of eighteen years of certain rights when such persons are questioned while in custody
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 60.45 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows:
3. A confession, admission or other statement is "involuntarily made" by a defendant, who is under eighteen years of age, when it is obtained from him or her while he or she is subject to a custodial interrogation by a public servant engaged in law enforcement activity, prior to such public servant:
(a) continuously reading, in its entirety, to the defendant, without stopping for purposes of a response from the defendant or verifying comprehension, the following statement:
"You have the right to remain silent. That means, you do not have to say anything. Anything you say can be used against you in court. You have the right to get help from a lawyer. If you cannot pay a lawyer, the court will get you one for free. You have the right to stop this interview at any time."; and
(b) after reading the statement required by paragraph (a) of this subdivision, asking the defendant the following questions and waiting for the defendant's response thereto for each question:
"Do you want to talk to me?
Do you want to have a lawyer?".
§ 2. Subdivision 3 of section 344.2 of the family court act is renumbered subdivision 4 and a new subdivision 3 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04036-01-7
A. 1629 2
3. A confession, admission or other statement is "involuntarily made" by a respondent when it is obtained from him or her while he or she is subject to a custodial interrogation by a public servant engaged in law enforcement activity, prior to such public servant:
(a) continuously reading, in its entirety, to the respondent, without stopping for purposes of a response from the respondent or verifying comprehension, the following statement:
"You have the right to remain silent. That means, you do not have to say anything. Anything you say can be used against you in court. You have the right to get help from a lawyer. If you cannot pay a lawyer, the court will get you one for free. You have the right to stop this interview at any time."; and
(b) after reading the statement required by paragraph (a) of this subdivision, asking the respondent the following questions and waiting for the respondent's response thereto for each question:
"Do you want to talk to me?
Do you want to have a lawyer?".
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.