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Advanced Evidence Spring 2023 (4 credit)

NY Bill No. A05891B (New York State Assembly)

Would amend procedures required for the custodial interrogation of children

This is the proposed New York legislation that you just read about. The key amendment is pasted in below, but I've included the link in case you want to read or skim the full bill.

A child shall not be questioned pursuant to this section unless or until:

 (a)  the child and a person required to be notified pursuant to subdivision three if present, have been advised:  (i) of the child's right to remain silent;  (ii) that the statements made by the child  may  be  used  in  a  court of law;  (iii)  of the child's right to have an attorney present at such questioning; and  (iv) of the child's right to have an attorney provided  for  him or her without charge if he or she is indigent; and

(b)  the  child  has  consulted with legal counsel in person, by telephone, or by video conference. This consultation may not be waived.