New York 2025-2026 Regular Session

New York Assembly Bill A02620

Introduced
1/21/25  
Refer
1/21/25  
Report Pass
3/25/25  
Refer
3/25/25  
Report Pass
4/8/25  
Refer
4/8/25  
Report Pass
5/20/25  
Refer
5/20/25  
Report Pass
5/21/25  
Engrossed
5/27/25  

Caption

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.

Impact

This bill significantly impacts state laws regarding the treatment of juvenile offenders by modifying existing procedures to ensure that parents or guardians are notified when a juvenile is taken into custody. Furthermore, the amendments stipulate that officers must make reasonable efforts to notify the guardian before any interrogation. Such discussions within the legislature have highlighted the importance of legal representation for juveniles, emphasizing a shift towards more protective measures against potential violations of rights during interrogations. It also seeks to reduce the likelihood of involuntary confessions by ensuring that juveniles are fully aware of their rights, including the right to remain silent and to have an attorney present.

Summary

Bill A02620 amends the Family Court Act and the Criminal Procedure Law specifically addressing the custodial interrogation protocols for juveniles, particularly focusing on individuals aged sixteen and seventeen. The bill aims to enhance protections for young offenders by ensuring that they receive adequate legal counsel before participating in any interrogation process. This move is part of a broader effort to reform juvenile justice, acknowledging the vulnerabilities of minors in legal scenarios and the significant implications of custodial interactions with law enforcement. The changes outlined in the bill will require law enforcement to ensure that juveniles have consulted with an attorney prior to any questioning.

Contention

There are notable points of contention surrounding Bill A02620, primarily concerning the balance between effective law enforcement and the protection of juvenile rights. Advocates for juvenile reform argue that the changes are critical for safeguarding young people's legal rights, while some law enforcement representatives express concerns over the practical implications of these provisions during criminal investigations. The requirement for attorney consultation before interrogation may delay proceedings and complicate immediate questioning efforts. Critics are divided between those who champion the legal empowerment of juveniles and those who consider such protections excessive, potentially hindering law enforcement capabilities.

Companion Bills

NY S00878

Same As Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.

Previously Filed As

NY S01099

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.

NY A01963

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.

NY A08923

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.

NY S00476

Requires police to advise persons under 18 years of age of their rights to silence and to an attorney before any custodial interrogation.

NY A04262

Requires a custodial parent who lives with a sex offender to provide that information to a non-custodial parent.

NY A00543

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

NY S04205

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

NY A02155

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.

NY S09816

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.

NY S04143

Provides for the issuance of summonses to each parent, including a non-custodial parent, of any juvenile who is the subject of a juvenile delinquency petition.

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