Bill Text: NY A03545 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the issuance of arrest warrants and appearance tickets upon a youth; provides for the police officer to immediately notify the parent or other person legally responsible for the care of such youth with whom the youth is domiciled that the youth has been arrested; provides further that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2018-06-13 - ordered to third reading rules cal.151 [A03545 Detail]
Download: New_York-2017-A03545-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3545--A 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY, COOK, HOOPER, MAGEE -- read once and referred to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the criminal procedure law, in relation to establishing the Chance to Help Notification Act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "chance to 2 help notification act". 3 § 2. Subdivision 7 of section 120.90 of the criminal procedure law, as 4 amended by section 16 of part WWW of chapter 59 of the laws of 2017, is 5 amended to read as follows: 6 7. Upon arresting a juvenile offender or adolescent offender or youth 7 as defined in subdivision one of section 720.10 of this chapter, the 8 police officer shall immediately notify the parent or other person 9 legally responsible for his or her care or the person with whom he or 10 she is domiciled, that the juvenile offender or youth or adolescent 11 offender or youth has been arrested, and the location of the facility 12 where he or she is being detained, provided that the police officer need 13 not notify the parent or other person legally responsible for such 14 youth's care or the person with whom he or she is domiciled when such 15 youth is not also a juvenile offender and the notification of a parent 16 or other person would endanger the health or safety of such youth. 17 § 3. Subdivision 6 of section 140.20 of the criminal procedure law, as 18 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 19 amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08383-02-8A. 3545--A 2 1 6. Upon arresting a juvenile offender or youth as defined in subdivi- 2 sion one of section 720.10 of this chapter or a person sixteen or 3 commencing October first, two thousand nineteen, seventeen years of age 4 without a warrant, the police officer shall immediately notify the 5 parent or other person legally responsible for his or her care or the 6 person with whom he or she is domiciled, that such offender or person 7 has been arrested, and the location of the facility where he or she is 8 being detained, provided that the police officer need not notify the 9 parent or other person legally responsible for such youth's care or the 10 person with whom he or she is domiciled when such youth is not also a 11 juvenile offender and the notification of a parent or other person would 12 endanger the health or safety of such youth. If the officer determines 13 that it is necessary to question a juvenile offender or such person, the 14 officer must take him or her to a facility designated by the chief 15 administrator of the courts as a suitable place for the questioning of 16 children or, upon the consent of a parent or other person legally 17 responsible for the care of the juvenile or such person, to his or her 18 residence and there question him or her for a reasonable period of time. 19 A juvenile or such person shall not be questioned pursuant to this 20 section unless he or she and a person required to be notified pursuant 21 to this subdivision, if present, have been advised: 22 (a) of the juvenile offender's, youth's or such person's right to 23 remain silent; 24 (b) that the statements made by him or her may be used in a court of 25 law; 26 (c) of his or her right to have an attorney present at such question- 27 ing; and 28 (d) of his or her right to have an attorney provided for him or her 29 without charge if he or she is unable to afford counsel. 30 In determining the suitability of questioning and determining the 31 reasonable period of time for questioning such a juvenile offender or 32 person, his or her age, the presence or absence of his or her parents or 33 other persons legally responsible for his or her care and notification 34 pursuant to this subdivision shall be included among relevant consider- 35 ations. 36 § 4. Section 150.20 of the criminal procedure law is amended by adding 37 a new subdivision 4 to read as follows: 38 4. Upon issuing to and serving an appearance ticket as defined in 39 subdivision one of section 150.10 of this article upon a youth as 40 defined in subdivision one of section 720.10 of this chapter, the police 41 officer shall notify the parent or other person legally responsible for 42 his or her care or the person with whom he or she is domiciled, that 43 such youth has been served with an appearance ticket, the time set forth 44 in such appearance ticket for the youth's appearance before a criminal 45 court and the offense of which he or she is charged, provided that the 46 police officer need not notify the parent or other person legally 47 responsible for such youth's care or the person with whom he or she is 48 domiciled when such youth is not also a juvenile offender and the 49 notification of a parent or other person would endanger the health or 50 safety of such youth. 51 § 5. This act shall take effect on the first of January next succeed- 52 ing the date on which it shall have become a law; provided that if 53 sections 16 and 20 of part WWW of chapter 59 of the laws of 2017 shall 54 not have taken effect on such date, then sections one and two of this 55 act shall take effect on the same date and in the same manner as such 56 sections of part WWW of chapter 59 of the laws of 2017 take effect.
