S 9152: Requires that Miranda rights statements be more specific with respect to the right to counsel; requires inquiry into whether such rights are understood.

  
  STATE OF NEW YORK ________________________________________________________________________ 9152  IN SENATE February 6, 2026 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, the executive law and the family court act, in relation to requiring that Miranda rights state- ments be more specific The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 120.90 of the criminal procedure law is amended by 2 adding a new subdivision 9 to read as follows: 3 9. (a) Upon arresting a defendant, including a juvenile offender, for 4 any offense pursuant to a warrant of arrest, a police officer shall 5 inform the defendant of the following rights prior to commencing any 6 questioning or interrogation: 7 "You have the right to consult an attorney before speaking to the 8 police and to have an attorney present during questioning now or in the 9 future. If you cannot afford an attorney, one will be appointed for you 10 before any questioning if you wish. If you decide to answer questions 11 now without an attorney present, you will still have the right to stop 12 answering at any time until you talk to an attorney. Knowing and under- 13 standing your rights as I have explained them to you, are you willing to 14 answer my questions without an attorney present?" 15 (b) In the event that the defendant indicates that the defendant does 16 not understand such rights, all questioning or interrogation shall cease 17 until an attorney has been provided for the defendant and such attorney 18 is present with the defendant for the questioning or interrogation. 19 § 2. Subdivision 6 of section 140.20 of the criminal procedure law, 20 as amended by section 20 of part WWW of chapter 59 of the laws of 2017, 21 is amended and a new subdivision 9 is added to read as follows: 22 6. Upon arresting a juvenile offender or a person sixteen or commenc- 23 ing October first, two thousand nineteen, seventeen years of age without 24 a warrant, the police officer shall immediately notify the parent or 25 other person legally responsible for [his or her] the juvenile 26 offender's care or the person with whom [he or she] the juvenile offen- 27 der is domiciled, that such offender or person has been arrested, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09713-01-5 
 S. 9152 2 1 the location of the facility where [he or she] the juvenile offender is 2 being detained. If the officer determines that it is necessary to ques- 3 tion a juvenile offender or such person, the officer must take [him or 4 her] the juvenile offender to a facility designated by the chief admin- 5 istrator of the courts as a suitable place for the questioning of chil- 6 dren or, upon the consent of a parent or other person legally responsi- 7 ble for the care of the juvenile or such person, to [his or her] the 8 juvenile offender's residence and there question [him or her] the juve- 9 nile offender for a reasonable period of time. A juvenile or such person 10 shall not be questioned pursuant to this section unless [he or she] the 11 juvenile offender and a person required to be notified pursuant to this 12 subdivision, if present, have been advised[: 13 (a) of the juvenile offender's or such person's right to remain 14 silent; 15 (b) that the statements made by him or her may be used in a court of 16 law; 17 (c) of his or her right to have an attorney present at such question- 18 ing; and 19 (d) of his or her right to have an attorney provided for him or her 20 without charge if he or she is unable to afford counsel] of the rights 21 as described in subdivision nine of this section. 22 In determining the suitability of questioning and determining the 23 reasonable period of time for questioning such a juvenile offender or 24 person, [his or her] the juvenile offender's age, the presence or 25 absence of [his or her] the juvenile offender's parents or other persons 26 legally responsible for [his or her] the juvenile offender's care and 27 notification pursuant to this subdivision shall be included among rele- 28 vant considerations. 29 9. (a) Upon arresting a defendant, including a juvenile offender, for 30 any offense pursuant to a warrant of arrest, a police officer shall 31 inform the defendant of the following rights prior to commencing any 32 questioning or interrogation: 33 "You have the right to consult an attorney before speaking to the 34 police and to have an attorney present during questioning now or in the 35 future. If you cannot afford an attorney, one will be appointed for you 36 before any questioning if you wish. If you decide to answer questions 37 now without an attorney present, you will still have the right to stop 38 answering at any time until you talk to an attorney. Knowing and under- 39 standing your rights as I have explained them to you, are you willing to 40 answer my questions without an attorney present?" 41 (b) In the event that the defendant indicates that the defendant does 42 not understand such rights, all questioning or interrogation shall cease 43 until an attorney has been provided for the defendant and such attorney 44 is present with the defendant for the questioning or interrogation. 45 § 3. Subdivision 5 of section 140.27 of the criminal procedure law, as 46 amended by section 23 of part WWW of chapter 59 of the laws of 2017, is 47 amended and a new subdivision 6 is added to read as follows: 48 5. Upon arresting a juvenile offender or a person sixteen or commenc- 49 ing October first, two thousand nineteen, seventeen years of age without 50 a warrant, the peace officer shall immediately notify the parent or 51 other person legally responsible for [his or her] the juvenile 52 offender's care or the person with whom [he or she] the juvenile offen- 53 der is domiciled, that such offender or person has been arrested, and 54 the location of the facility where [he or she] the juvenile offender is 55 being detained. If the officer determines that it is necessary to ques- 56 tion a juvenile offender or such person, the officer must take [him or 
 S. 9152 3 1 her] the juvenile offender to a facility designated by the chief admin- 2 istrator of the courts as a suitable place for the questioning of chil- 3 dren or, upon the consent of a parent or other person legally responsi- 4 ble for the care of a juvenile offender or such person, to [his or her] 5 the juvenile offender's residence and there question [him or her] the 6 juvenile offender for a reasonable period of time. A juvenile offender 7 or such person shall not be questioned pursuant to this section unless 8 the juvenile offender or such person and a person required to be noti- 9 fied pursuant to this subdivision, if present, have been advised[: 10 (a) of his or her right to remain silent; 11 (b) that the statements made by the juvenile offender or such person 12 may be used in a court of law; 13 (c) of his or her right to have an attorney present at such question- 14 ing; and 15 (d) of his or her right to have an attorney provided for him or her 16 without charge if he or she is unable to afford counsel] of the rights 17 as described in subdivision six of this section. 18 In determining the suitability of questioning and determining the 19 reasonable period of time for questioning such a juvenile offender or 20 such person, [his or her] the juvenile offender's age, the presence or 21 absence of [his or her] the juvenile offender's parents or other persons 22 legally responsible for [his or her] the juvenile offender's care and 23 notification pursuant to this subdivision shall be included among rele- 24 vant considerations. 25 6. (a) Upon arresting a defendant, including a juvenile offender, for 26 any offense, a police officer shall inform the defendant of the follow- 27 ing rights prior to commencing any questioning or interrogation: 28 "You have the right to consult an attorney before speaking to the 29 police and to have an attorney present during questioning now or in the 30 future. If you cannot afford an attorney, one will be appointed for you 31 before any questioning if you wish. If you decide to answer questions 32 now without an attorney present, you will still have the right to stop 33 answering at any time until you talk to an attorney. Knowing and under- 34 standing your rights as I have explained them to you, are you willing to 35 answer my questions without an attorney present?" 36 (b) In the event that the defendant indicates that the defendant does 37 not understand such rights, all questioning or interrogation shall cease 38 until an attorney has been provided for the defendant and such attorney 39 is present with the defendant for the questioning or interrogation. 40 § 4. Subdivision 5 of section 140.40 of the criminal procedure law, as 41 amended by section 24 of part WWW of chapter 59 of the laws of 2017, is 42 amended and a new subdivision 7 is added to read as follows: 43 5. If a police officer takes an arrested juvenile offender or a person 44 sixteen or commencing October first, two [thosuand] thousand nineteen, 45 seventeen years of age into custody, the police officer shall immediate- 46 ly notify the parent or other person legally responsible for [his or 47 her] the juvenile offender's care or the person with whom [he or she] 48 the juvenile offender is domiciled, that such offender or person has 49 been arrested, and the location of the facility where [he or she] the 50 juvenile offender is being detained. If the officer determines that it 51 is necessary to question a juvenile offender or such person the officer 52 must take [him or her] the juvenile offender to a facility designated by 53 the chief administrator of the courts as a suitable place for the ques- 54 tioning of children or, upon the consent of a parent or other person 55 legally responsible for the care of the juvenile offender or such 56 person, to [his or her] the juvenile offender's residence and there 
 S. 9152 4 1 question [him or her] the juvenile offender for a reasonable period of 2 time. A juvenile offender or such person shall not be questioned pursu- 3 ant to this section unless [he or she] the juvenile offender and a 4 person required to be notified pursuant to this subdivision, if present, 5 have been advised[: 6 (a) of his or her right to remain silent; 7 (b) that the statements made by the juvenile offender or such person 8 may be used in a court of law; 9 (c) of his or her right to have an attorney present at such question- 10 ing; and 11 (d) of his or her right to have an attorney provided for him or her 12 without charge if he or she is unable to afford counsel] of the rights 13 as described in subdivision seven of this section. 14 In determining the suitability of questioning and determining the 15 reasonable period of time for questioning such a juvenile offender or 16 such person, [his or her] the juvenile offender's age, the presence or 17 absence of [his or her] the juvenile offender's parents or other persons 18 legally responsible for [his or her] the juvenile offender's care and 19 notification pursuant to this subdivision shall be included among rele- 20 vant considerations. 21 7. (a) Upon arresting a defendant, including a juvenile offender, for 22 any offense, a police officer shall inform the defendant of the follow- 23 ing rights prior to commencing any questioning or interrogation: 24 "You have the right to consult an attorney before speaking to the 25 police and to have an attorney present during questioning now or in the 26 future. If you cannot afford an attorney, one will be appointed for you 27 before any questioning if you wish. If you decide to answer questions 28 now without an attorney present, you will still have the right to stop 29 answering at any time until you talk to an attorney. Knowing and under- 30 standing your rights as I have explained them to you, are you willing to 31 answer my questions without an attorney present?" 32 (b) In the event that the defendant indicates that the defendant does 33 not understand such rights, all questioning or interrogation shall cease 34 until an attorney has been provided for the defendant and such attorney 35 is present with the defendant for the questioning or interrogation. 36 § 5. Subdivision 1 of section 501-h of the executive law, as added by 37 chapter 29 of the laws of 2011, is amended to read as follows: 38 1. (a) If a youth is detained under the interstate compact for juve- 39 niles established pursuant to section five hundred one-e of this arti- 40 cle, [he or she] the youth shall be brought before the appropriate court 41 within seventy-two hours or the next day the court is in session, which- 42 ever is sooner, and shall be advised by the judge of [his or her right 43 to remain silent, his or her right to be represented by counsel of his 44 or her own choosing, and of the right to have an attorney assigned in 45 accord with, as applicable, section two hundred forty-nine of the family 46 court act or article eighteen-B of the county law] the rights set forth 47 in paragraph (b) of this subdivision. The youth shall be allowed a 48 reasonable time to retain counsel, contact [his or her] the youth's 49 parents or other person or persons legally responsible for [his or her] 50 the youth's care or an adult with whom the youth has a significant 51 connection, and the judge may adjourn the proceedings for such purposes. 52 Provided, however, that nothing in this section shall be deemed to 53 require a youth to contact [his or her] the youth's parents or other 54 person or persons legally responsible for [his or her] the youth's care. 55 Provided further, however, that counsel shall be assigned immediately, 56 and continue to represent the youth until any retained counsel appears. 
 S. 9152 5 1 The court shall schedule a court appearance for the youth no later than 2 ten days after the initial court appearance, and every ten days there- 3 after, while the youth is detained pursuant to the interstate compact 4 for juveniles unless any such appearance is waived by the attorney for 5 the child. 6 (b) A youth detained under the interstate compact for juveniles shall 7 be advised by the judge of the following rights prior to commencing any 8 questioning, interrogation, plea or other court proceedings: 9 "You have the right to consult an attorney before speaking to the 10 police and to have an attorney present during questioning now or in the 11 future. If you cannot afford an attorney, one will be appointed for you 12 before any questioning if you wish. If you decide to answer questions 13 now without an attorney present, you will still have the right to stop 14 answering at any time until you talk to an attorney. Knowing and under- 15 standing your rights as I have explained them to you, are you willing to 16 answer my questions without an attorney present?" 17 § 6. Subdivision 7 of section 305.2 of the family court act, as 18 amended by chapter 398 of the laws of 1983, is amended to read as 19 follows: 20 7. A child shall not be questioned pursuant to this section unless 21 [he] the child and a person required to be notified pursuant to subdivi- 22 sion three if present, have been advised[: 23 (a) of the child's right to remain silent; 24 (b) that the statements made by the child may be used in a court of 25 law; 26 (c) of the child's right to have an attorney present at such question- 27 ing; and 28 (d) of the child's right to have an attorney provided for him without 29 charge if he is indigent] of the rights as described in subdivision nine 30 of this section. 31 9. (a) Upon taking a child into custody, a police officer or peace 32 officer shall inform the defendant of the following rights prior to 33 commencing any questioning or interrogation: 34 "You have the right to consult an attorney before speaking to the 35 police and to have an attorney present during questioning now or in the 36 future. If you cannot afford an attorney, one will be appointed for you 37 before any questioning if you wish. If you decide to answer questions 38 now without an attorney present, you will still have the right to stop 39 answering at any time until you talk to an attorney. Knowing and under- 40 standing your rights as I have explained them to you, are you willing to 41 answer my questions without an attorney present?" 42 (b) In the event that the defendant indicates that the defendant does 43 not understand such rights, all questioning or interrogation shall cease 44 until an attorney has been provided for the defendant and such attorney 45 is present with the defendant for the questioning or interrogation. 46 § 7. Section 320.3 of the family court act, as amended by chapter 41 47 of the laws of 2010, is amended to read as follows: 48 § 320.3. Notice of rights. 1. At the time the respondent first appears 49 before the court, the respondent and [his or her] the respondent's 50 parent or other person legally responsible for [his or her] the respond- 51 ent's care shall be advised of the [respondent's right to remain silent 52 and of his or her right to be represented by counsel chosen by him or 53 her or by an attorney assigned by the court] rights as described in 54 subdivision two of this section. Provided, however, that in the event of 55 the failure of the respondent's parent or other person legally responsi- 56 ble for [his] the respondent's care to appear, after reasonable and 
 S. 9152 6 1 substantial effort has been made to notify such parent or responsible 2 person of the commencement of the proceeding and such initial appear- 3 ance, the court shall appoint an attorney for the respondent. 4 2. The judge shall inform the defendant of the following rights prior 5 to commencing any questioning, interrogation or proceeding: 6 "You have the right to consult an attorney before speaking to the 7 police and to have an attorney present during questioning now or in the 8 future. If you cannot afford an attorney, one will be appointed for you 9 before any questioning if you wish. If you decide to answer questions 10 now without an attorney present, you will still have the right to stop 11 answering at any time until you talk to an attorney. Knowing and under- 12 standing your rights as I have explained them to you, are you willing to 13 answer my questions without an attorney present?" 14 § 8. This act shall take effect on the first of January next succeed- 15 ing the date upon which it shall have become a law; provided, however, 16 that the amendments to section 501-h of the executive law made by 17 section five of this act shall not affect the repeal of such section and 18 shall be deemed repealed therewith.