S 6646: Provides that statements made by minor defendants as a result of deception by law enforcement during custodial interrogation are inadmissible.

  
  STATE OF NEW YORK ________________________________________________________________________ 6646 2025-2026 Regular Sessions  IN SENATE March 19, 2025 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 60.45 of the criminal procedure law is amended by 2 adding a new subdivision 2-a to read as follows: 3 2-a. (a) A confession, admission or other statement by a defendant who 4 is under eighteen years of age shall be presumed to be involuntarily 5 made when it is obtained while such defendant is the subject of custo- 6 dial interrogation: 7 (i) conducted by a public servant at a detention facility, as defined 8 in paragraph (a) of subdivision three of this section; and 9 (ii) a public servant knowingly engages in deception during such 10 custodial interrogation. 11 (b) As used in this subdivision, "deception" means the knowing commu- 12 nication of false facts about evidence or unauthorized statements 13 regarding leniency made to a respondent by a public servant for the 14 purpose of eliciting an incriminating response from such respondent. 15 (c) The presumption under paragraph (a) of this subdivision may be 16 overcome by a preponderance of the evidence that the confession, admis- 17 sion or other statement was voluntarily given, provided that the burden 18 of proof in any hearing pursuant to this subdivision shall rest upon the 19 people. 20 § 2. Section 344.2 of the family court act is amended by adding a new 21 subdivision 3-a to read as follows: 22 3-a. (a) A confession, admission or other statement by a respondent 23 who is less than eighteen years of age shall be presumed to be involun- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09817-01-5 
 S. 6646 2 1 tarily made when it is obtained while such respondent is the subject of 2 custodial interrogation: 3 (i) conducted by a public servant at a detention facility, as defined 4 in paragraph (a) of subdivision three of section 60.45 of the criminal 5 procedure law; and 6 (ii) a public servant knowingly engages in deception during such 7 custodial interrogation. 8 (b) As used in this subdivision, "deception" means the knowing commu- 9 nication of false facts about evidence or unauthorized statements 10 regarding leniency made to a respondent by a public servant for the 11 purpose of eliciting an incriminating response from such respondent. 12 (c) The presumption under paragraph (a) of this subdivision may be 13 overcome by a preponderance of the evidence that the confession, admis- 14 sion or other statement was voluntarily given, provided that the burden 15 of proof in any hearing pursuant to this subdivision shall rest upon the 16 people. 17 § 3. This act shall take effect on the ninetieth day after it shall 18 have become a law.