State Sen. Jamaal Bailey, D-Bronx, is pictured during a recent health care rally in New York City.

A state lawmaker is proposing changes to Miranda warnings for youth under the age of 18.

Sen. Jamaal Bailey, D-Bronx, recently introduced legislation (S.9152) that would require youth be notified of the right to remain silent and the right to an attorney, prior to any custodial questioning by law enforcement. Current law, Bailey said, requires that Miranda rights be read during custodial interrogation. Bailey said youth often do not fully understand the implications of waiving their rights, something the senator said is backed up by developmental psychology research that he said confirms minors are less likely to comprehend legal language or appreciate the consequences of their decisions.

“This legislation aims to provide added safeguards for youth by ensuring that Miranda warnings are communicated clearly and, in an age-appropriate manner,” Bailey wrote in his legislative justification. “It affirms that the constitutional rights to silence and legal counsel must be meaningfully protected for all individuals – especially minors, who are at greater risk of self-incrimination without fully understanding their rights.”

Miranda warnings are named for the 1966 U.S. Supreme Court case Miranda v. Arizona in which the court ruled suspects should be advised of their constitutional rights against self-incrimination and to an attorney before questioning.

On March 13, 1963, Carroll Cooley arrested Ernesto Miranda in the kidnap and rape of an 18-year-old Phoenix woman. Miranda was eventually convicted based on his handwritten confession and sentenced to 20-30 years in prison.

That decision, along with three other similar cases that were bundled together, led to the so-called “Miranda rights” or “Miranda warning.” After the Supreme Court overturned his conviction, Miranda remained in jail on another conviction and was convicted again of raping and kidnapping the 18-year-old. Prosecutors at the second trial didn’t use the confession and instead relied on testimony from a woman who was close to Miranda, according to a 2023 Associated Press report.

Several states, including New York, have enacted laws requiring specialized, simplified Miranda warnings or mandatory counsel consultation for youth under 18 during custodial interrogations to ensure rights are understood. Key states include California, Illinois, Washington, Maryland, Nevada, Utah, Colorado and Indiana, often requiring attorney consultation or parental presence before a waiver, according to the National Conference of State Legislatures. Under “Raise the Age” laws, 16- and 17-year- in New York must have parental notification. Interrogation must take place in age-appropriate settings, with parents present for the waiver of Miranda rights.

Bailey wants to take that a step further by requiring police officers provide notice of a minor’s Miranda rights prior to any custodial interrogation as well as to require immediate notification of the juvenile’s parent, guardian, or custodian upon arrest, including the location of detention and that the juvenile and the notified adult, if present, be advised of those rights before any questioning begins. Bailey also wants the additional Miranda rights protections to extend to youth detained under the Interstate Compact for Juveniles.

“By formalizing this requirement in state law, New York will be taking a significant step toward fairer and more developmentally informed policing practices, enhancing due process protections for minors,” Bailey wrote.