Assembly approves law requiring counsel, parent notification for most custodial interviews of 16- and 17-year-olds

The New York State Assembly on Wednesday passed legislation (rules report 2 07) that requires police to make every reasonable effort to notify a parent or other person legally responsible when a youth is taken into custody and to provide access to counsel by phone, videoconference or in person before custodial interrogation of 16- and 17-year-olds.

Supporters said the change responds to research showing teenagers are more likely to waive Miranda rights and to give unreliable statements under pressure. “Kids are confessing at three times the rate of adults,” sponsor Assemblyman William Colton[Note: sponsor name as in transcript: Mr. Hevesy] said during debate, arguing the measure would reduce wrongful convictions and protect families. He said the bill requires efforts to contact parents but recognizes safety needs with language requiring “every reasonable effort” where scene conditions are unsafe.

Opponents, including several former prosecutors and law enforcement supporters, said the measure is impractical in many settings and would hamper on-scene investigations. “Most of the investigation occurs on the scene,” said Assemblyman [name given in debate] who opposed the bill, saying officers often must interview witnesses and potential suspects immediately. Critics warned that excluding statements made in custody without prior counsel could prevent use of spontaneous utterances that sometimes produce leads and evidence.

The bill includes an explicit exception for noncustodial spontaneous statements and clarifies procedures for juvenile offenders who must be taken before a magistrate or to a facility designated by the courts. Debate touched repeatedly on the custody standard (whether a person reasonably believes they are free to leave) and on practical issues in rural areas and single-officer responses, where getting parental contact or counsel immediately may be difficult.

The measure passed on a party vote: Ayes 93, Noes 54. Supporters included Majority Leader Crystal People Stokes, who explained the majority would vote in favor; opponents included Republicans and some members who cited NYPD opposition. The law is scheduled to take effect April 1, 2026.

The Assembly’s debate record shows multiple amendments and extensive floor discussion about implementation logistics, the definition of custody, and exceptions for emergency or unsafe scenes. Backers said the bill is intended to reduce false confessions among youth and to ensure interrogations are fair and constitutionally sound; critics said it would need future tweaks to work in the field.

Votes at the time of passage were 93 in favor and 54 opposed; the bill will move to the Senate for further action if not already concurred.