New York 2025-2026 Regular Session

New York Assembly Bill A08384

Introduced
5/13/25  

Caption

Requires that Miranda rights statements be more specific with respect to the right to counsel; requires inquiry into whether such rights are understood.

Impact

The implications of this bill are significant in terms of enhancing the protections afforded to individuals upon arrest. Specifically, the bill aims to ensure that defendants are fully informed about their rights, which is critical for maintaining the integrity of the legal process and ensuring fair treatment during interrogations. It also addresses previous concerns regarding how Miranda rights are conveyed to suspects, especially juveniles, thereby promoting a more careful and considerate approach to law enforcement interactions.

Summary

A08384 aims to amend the criminal procedure law in New York by requiring that Miranda rights statements be more specific regarding the right to counsel. The bill mandates that police officers must inform defendants of their rights prior to any questioning or interrogation, explicitly stating that they have the right to consult an attorney before engaging with law enforcement, and to have an attorney present during questioning at any time. Furthermore, if a defendant indicates a lack of understanding of these rights, the bill requires that all questioning ceases until an attorney is present.

Contention

Notably, this bill may face opposition from certain law enforcement groups who argue that overly specific requirements for Miranda statements could hinder effective policing and investigations. Critics may express concerns that the additional procedural elements could complicate the arrest and interrogation processes. Proponents, however, counter that ensuring a clear understanding of rights is fundamental to the justice system and outweighs potential drawbacks in law enforcement efficiency.

Companion Bills

No companion bills found.

Previously Filed As

NY S00218

Specifies additional duties of notaries with respect to instruments conveying residential real property; requires a specific colloquy to determine that the principal understands the conveyance.

NY A00668

Establishes a pregnant persons' bill of rights; requires posting and disclosing such bill of rights; establishes a penalty for failure to post or disclose such bill of rights.

NY A04200

Removes the requirement of a sworn statement administered by a notary public for purposes of petitions; requires the notary public to inquire whether the person is the same listed on the address.

NY A10261

Establishes a co-occurring disorders patient bill of rights to be implemented by various agencies; requires a five-year plan for implementing such bill of rights.

NY S09523

Establishes a co-occurring disorders patient bill of rights to be implemented by various agencies; requires a five-year plan for implementing such bill of rights.

NY A10357

Makes amendments to the John R. Lewis Voting Rights Act of New York regarding definition of certain terms and enforcement provisions; specifies certain deceptive and fraudulent acts; relates to notification of violations; relates to preclearance of policies by the civil rights bureau or by a designated court; requires notification to the civil rights bureau of actions involving voting rights.

NY S09687

Makes amendments to the John R. Lewis Voting Rights Act of New York regarding definition of certain terms and enforcement provisions; specifies certain deceptive and fraudulent acts; relates to notification of violations; relates to preclearance of policies by the civil rights bureau or by a designated court; requires notification to the civil rights bureau of actions involving voting rights.

NY S07693

Establishes workplace readiness week to educate minors in relation to their workplace rights; requires eleventh and twelfth graders to receive education on workplace rights; requires a document on workplace rights to be provided to any minor seeking working papers.

NY A08108

Establishes workplace readiness week to educate minors in relation to their workplace rights; requires eleventh and twelfth graders to receive education on workplace rights; requires a document on workplace rights to be provided to any minor seeking working papers.

NY A08156

Establishes workplace readiness week to educate minors in relation to their workplace rights; requires eleventh and twelfth graders to receive education on workplace rights; requires a document on workplace rights to be provided to any minor seeking working papers.

Similar Bills

NY A02620

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.

CA AB3021

Criminal procedure: interrogations.

CA AB2644

Custodial interrogation.

CA SB395

Custodial interrogation: juveniles.

CA SB203

Juveniles: custodial interrogation.

SC H3016

Child Interrogations

CA AB572

Criminal procedure: interrogations.

AZ SB1303

Juveniles; custodial interrogation; attorney; recordings