STATE OF NEW YORK ________________________________________________________________________ 4342 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. WALKER, WEPRIN, DAVILA, DINOWITZ -- 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 statements of those accused of crimes to enhance criminal investigations and prosecutions and to promote confidence in the crim- inal justice system of this state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 60.45 of the criminal procedure 2 law, as added by section 1 of part VVV of chapter 59 of the laws of 3 2017, is amended to read as follows: 4 3. (a) [Where] When a person is subject to [custodial] interrogation 5 by a public servant [at a detention facility], and the public servant is 6 aware or has reason to suspect that the person interrogated committed a 7 crime under investigation by such public servant or a law enforcement 8 entity associated with such public servant, the entire [custodial] 9 interrogation, including the giving of any required advice of the rights 10 of the individual being questioned, and the waiver of any rights by the 11 individual, shall be recorded by an appropriate video recording device 12 [if the interrogation involves a class A-1 felony, except one defined in 13 article two hundred twenty of the penal law; felony offenses defined in 14 section 130.95 and 130.96 of the penal law; or a felony offense defined 15 in article one hundred twenty-five or one hundred thirty of such law 16 that is defined as a class B violent felony offense in section 70.02 of 17 the penal law. For purposes of this paragraph, the term "detention 18 facility" shall mean a police station, correctional facility, holding 19 facility for prisoners, prosecutor's office or other facility where 20 persons are held in detention in connection with criminal charges that 21 have been or may be filed against them]. The interrogation shall be 22 recorded in a manner such that the persons in the recording are shown 23 and the speech is intelligible. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06385-01-5
A. 4342 2 1 (b) [No confession, admission or other statement shall be subject to a 2 motion to suppress pursuant to subdivision three of section 710.20 of 3 this chapter based solely upon the failure to video record such interro- 4 gation in a detention facility as defined in paragraph (a) of this 5 subdivision. However, where] When the people offer into evidence against 6 a defendant a confession, admission or other statement made by a person 7 [in custody] with respect to [his or her participation or lack of 8 participation in] an alleged offense [specified in paragraph (a) of this 9 subdivision,] that has not been video recorded, the court shall [consid- 10 er the failure to record as a factor, but not as the sole factor, in 11 accordance with paragraph (c) of this subdivision in determining whether 12 such confession, admission or other statement shall be admissible. 13 (c) Notwithstanding the requirement of paragraph (a) of this subdivi- 14 sion, upon a showing of good cause by the prosecutor, the custodial 15 interrogation need not be recorded. Good cause shall include, but not be 16 limited to: 17 (i) If electronic recording equipment malfunctions. 18 (ii) If electronic recording equipment is not available because it was 19 otherwise being used. 20 (iii) If statements are made in response to questions that are 21 routinely asked during arrest processing. 22 (iv) If the statement is spontaneously made by the suspect and not in 23 response to police questioning. 24 (v) If the statement is made during an interrogation that is conducted 25 when the interviewer is unaware that a qualifying offense has occurred. 26 (vi) If the statement is made at a location other than the "interview 27 room" because the suspect cannot be brought to such room, e.g., the 28 suspect is in a hospital or the suspect is out of state and that state 29 is not governed by a law requiring the recordation of an interrogation. 30 (vii) If the statement is made after a suspect has refused to partic- 31 ipate in the interrogation if it is recorded, and appropriate effort to 32 document such refusal is made. 33 (viii) If such statement is not recorded as a result of an inadvertent 34 error or oversight, not the result of any intentional conduct by law 35 enforcement personnel. 36 (ix) If it is law enforcement's reasonable belief that such recording 37 would jeopardize the safety of any person or reveal the identity of a 38 confidential informant. 39 (x) If such statement is made at a location not equipped with a video 40 recording device and the reason for using that location is not to 41 subvert the intent of the law. For purposes of this section, the term 42 "location" shall include those locations specified in paragraph (b) of 43 subdivision four of section 305.2 of the family court act. 44 (d) In the event the court finds that the people have not shown good 45 cause for the non-recording of the confession, admission, or other 46 statement, but determines that a non-recorded confession, admission or 47 other statement is nevertheless admissible because it was voluntarily 48 made then, upon request of the defendant, the court must instruct the 49 jury that the people's failure to record the defendant's confession, 50 admission or other statement as required by this section may be weighed 51 as a factor, but not as the sole factor, in determining whether such 52 confession, admission or other statement was voluntarily made, or was 53 made at all. 54 (e) Video recording as required by this section shall be conducted in 55 accordance with standards established by rule of the division of crimi-
A. 4342 3 1 nal justice services] exclude such confession, admission or other state- 2 ment from use as evidence at trial or at any pretrial hearing. 3 § 2. Subdivisions 5-a and 8 of section 305.2 of the family court act, 4 subdivision 5-a as added and subdivision 8 as amended by chapter 299 of 5 the laws of 2020, are amended to read as follows: 6 5-a. [Where] When at any time a child is subject to interrogation [at 7 a facility designated by the chief administrator of the courts as a 8 suitable place for the questioning of juveniles pursuant to subdivision 9 four of this section,] by a public servant and the public servant is 10 aware or has reason to suspect that the child interrogated committed an 11 act that would be a crime if committed by an adult and which is under 12 investigation by such public servant or a law enforcement entity associ- 13 ated with such public servant, the entire interrogation, including the 14 giving of any required notice to the child as to [his or her] the 15 child's rights and the child's waiver of any rights, shall be video 16 recorded [in a manner consistent with standards established by rule of 17 the division of criminal justice services pursuant to paragraph (e)] and 18 governed in accordance with the provisions of subdivision three of 19 section 60.45 of the criminal procedure law. The interrogation shall be 20 recorded in a manner such that the persons in the recording are [iden- 21 tifiable] shown and the speech is intelligible. A copy of the recording 22 shall be subject to discovery pursuant to section 331.2 of this article. 23 This subdivision shall not apply to a statement made to the probation 24 service, in accordance with subdivision seven of section 308.1 of this 25 part, except when such statement may be admissible under such subdivi- 26 sion seven of section 308.1. 27 8. In determining the suitability of questioning and determining the 28 reasonable period of time for questioning such a child, the child's age, 29 the presence or absence of [his or her] the child's parents or other 30 persons legally responsible for [his or her] the childs's care, notifi- 31 cation pursuant to subdivision three of this section and, where the 32 child has been interrogated at a facility designated by the chief admin- 33 istrator of the courts as a suitable place for the questioning of juve- 34 niles, whether the interrogation was in compliance with the video-re- 35 cording and disclosure requirements of subdivision five-a of this 36 section shall be included among relevant considerations. 37 § 3. Subdivision 3 of section 344.2 of the family court act, as 38 amended by chapter 299 of the laws of 2020, is amended to read as 39 follows: 40 3. [Where a respondent] When at any time a child is subject to inter- 41 rogation by a public servant [at a facility specified in subdivision 42 four of section 305.2 of this article,] and the public servant is aware 43 or has reason to suspect that the child interrogated committed an act 44 that would constitute a crime if committed by an adult and which is 45 under investigation by such public servant or a law enforcement entity 46 associated with such public servant, the entire [custodial] interro- 47 gation, including the giving of any required [advice of the] notice to 48 this child as to the child's rights [of the individual being ques- 49 tioned,] and the waiver of any rights [by the individual], shall be 50 video recorded and governed in [a manner consistent with standards 51 established by rule of the division of criminal justice services pursu- 52 ant to paragraph (e)] accordance with the provisions of subdivision 53 three of section 60.45 of the criminal procedure law. The interrogation 54 shall be recorded in a manner such that the persons in the recording are 55 [identifiable] shown and the speech is intelligible. A copy of the 56 recording shall be subject to discovery pursuant to section 331.2 of
A. 4342 4 1 this article. This subdivision shall not apply to a statement made to 2 the probation service, in accordance with subdivision seven of section 3 308.1 of this article, except when such statement may be admissible 4 under such subdivision seven of section 308.1. 5 § 4. This act shall take effect on the ninetieth day after it shall 6 have become a law.