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Bill > S06646


NY S06646

NY S06646
Provides that statements made by minor defendants as a result of deception by law enforcement during custodial interrogation are inadmissible.


summary

Introduced
03/19/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the criminal procedure law and the family court act, in relation to admissibility of statements obtained from persons under eighteen years of age by means of deception

AI Summary

This bill modifies both the criminal procedure law and the family court act to address statements made by minors (individuals under 18 years old) during custodial interrogations. Specifically, the bill establishes that if a public servant (like a law enforcement officer) knowingly uses deception during an interrogation at a detention facility, any confession or statement made by the minor will be presumed involuntary and therefore inadmissible in court. "Deception" is defined as knowingly communicating false facts about evidence or making unauthorized statements about potential leniency with the purpose of eliciting an incriminating response. While statements obtained through such deceptive methods are presumed involuntary, prosecutors can overcome this presumption by proving by a preponderance of the evidence that the statement was voluntarily given. The burden of proof in such hearings rests with the prosecution. This legislation aims to protect minors from potentially coercive interrogation tactics that might lead to false or unreliable statements by creating a legal presumption against statements obtained through deceptive means.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

REFERRED TO CODES (on 01/07/2026)

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