What's happening
This bill requires law enforcement to follow specific procedures when advising minors of their rights during custodial interrogations.
Why it matters
Establishes a clear protocol for law enforcement when interrogating minors. , requiring officers to read a specific rights warning in full, without pausing for questions or to check if the child understands, before any questioning begins.
Mandates that officers explicitly ask minors if they wish to speak and if they want a lawyer after reading the rights. , and requires a response to each, potentially reducing confusion or coercion during interrogations.
Defines any statement given by a minor before these steps are completed as "involuntarily made". , making such statements inadmissible in court, which strengthens protections against unlawful or improperly obtained confessions from minors.
Could impact the outcomes of juvenile justice cases. by increasing the likelihood that minors fully understand their rights, and by limiting the use of statements obtained without following these procedures, aiming to prevent wrongful convictions and protect vulnerable youth.
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Who cares
Headline styles
Inform Teens of Legal Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3193
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sens. GIANARIS, BRESLIN, COMRIE, HOYLMAN, MONTGOMERY, SERRANO -- 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 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 4 to read as follows:
4. 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 4 of section 344.2 of the family court act, as renumbered by section 2 of part VVV of chapter 59 of the laws of 2017, is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04013-01-9
S. 3193 2
renumbered subdivision 5 and a new subdivision 4 is added to read as follows:
4. 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.
Sponsor's memo
Title of bill
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
Purpose
To ensure that juveniles accused of crimes are made fully aware of their legal rights, in order to decrease the rate of false confessions and wrongful convictions.
Summary of specific provisions
Section 1 amends section 60.45 of the criminal procedure law, adding a new subdivision 3 requiring a specific warning to 16 and 17 year olds prior to police custodial interrogation.
Section 2 renumbers subdivision 3 of section 344.2 of the family court act and adds a new subdivision 3 to require a specific warning to youths subject to family court jurisdiction when questioned prior to police custodial interrogation.
Justification
False confessions are a major problem in our criminal justice system. Though individuals of all ages are at risk for making false confessions, youths are particularly vulnerable due to their maturity and education. More than 115,000 pre-teens and over 1 million juveniles annually are criminally charged nationwide. There are numerous studies confirming that youth exercise their Miranda rights at rates much lower than adults, and make false confessions at a much higher rate than adults.
One important way to prevent this is by ensuring that youth understand their constitutional rights commonly known as "Miranda Rights." There is no standardized Miranda warning wording, with many jurisdictions using the same warning regardless of an individual's age. Warnings may range from less than 100 words in length, to over 1,000 words. Using the widely accepted "FleschKincaid" analysis, the wording of some warnings requires a college reading level.
The American Bar Association (ABA) adopted a resolution in 2010, calling upon state legislatures and Congress to enact legislation requiring special Miranda warning language for juveniles. The ABA rightly suggests that such legislation would benefit defendants, police, and prosecutors.
When youth are made aware of their rights, they are less likely to make false statements, decreasing the risk of wrongful conviction. Simply, no one benefits when the wrong person is convicted of a crime, especial- ly an innocent child.
The proposed language and waiver utilizes brief sentences, a short length in total and wording comprehensible for an elementary school reading level.
Legislative history
2018: Died in Codes 2017: Died in Codes 2016: Died in Codes
Fiscal impact on the state
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.