Bill Text: NY A04616 | 2009-2010 | General Assembly | Amended

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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: Moderate Partisan Bill (Democrat 14-2)

Status: (Engrossed - Dead) 2010-06-23 - REFERRED TO RULES [A04616 Detail]

Download: New_York-2009-A04616-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4616--A
                                                               Cal. No. 893
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2009
                                      ___________
       Introduced  by  M. of A. PERRY, ALFANO -- Multi-Sponsored by -- M. of A.
         AUBRY, BARRA, COOK,  ESPAILLAT,  HOOPER,  MAGEE,  MAYERSOHN,  PHEFFER,
         J. RIVERA,  SCARBOROUGH,  TOWNS,  WEISENBERG,  WRIGHT -- read once and
         referred to the Committee on Children and Families  --  reported  from
         committee, advanced to a third reading, amended and ordered reprinted,
         retaining its place on the order of third reading
       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    S 2. Subdivision 7 of section 120.90 of the criminal procedure law, as
    4  amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
    5  follows:
    6    7.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
    7  SION  ONE  OF  SECTION  720.10 OF THIS CHAPTER, the police officer shall
    8  immediately notify the parent or other person  legally  responsible  for
    9  his OR HER care or the person with whom he OR SHE is domiciled, that the
   10  juvenile  offender  OR  YOUTH has been arrested, and the location of the
   11  facility where he OR SHE is being detained,  PROVIDED  THAT  THE  POLICE
   12  OFFICER  NEED  NOT NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE
   13  FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE  OR  SHE  IS  DOMICILED
   14  WHEN  SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE NOTIFICATION OF
   15  A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH  OR  SAFETY  OF  SUCH
   16  YOUTH.
   17    S 3. Subdivision 6 of section 140.20 of the criminal procedure law, as
   18  added by chapter 411 of the laws of 1979, is amended to read as follows:
   19    6.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
   20  SION ONE OF SECTION 720.10 OF THIS CHAPTER without a warrant, the police
   21  officer  shall  immediately  notify  the  parent or other person legally
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02111-05-0
       A. 4616--A                          2
    1  responsible for his OR HER care or the person with whom  he  OR  SHE  is
    2  domiciled,  that  the  juvenile offender OR YOUTH has been arrested, and
    3  the location of the facility where he OR SHE is being detained, PROVIDED
    4  THAT  THE  POLICE  OFFICER  NEED  NOT  NOTIFY THE PARENT OR OTHER PERSON
    5  LEGALLY RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE  OR
    6  SHE IS DOMICILED WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE
    7  NOTIFICATION  OF  A  PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR
    8  SAFETY OF SUCH YOUTH.
    9    S 4. Section 150.20 of the criminal procedure law is amended by adding
   10  a new subdivision 4 to read as follows:
   11    4. UPON ISSUING TO AND SERVING AN  APPEARANCE  TICKET  AS  DEFINED  IN
   12  SUBDIVISION  ONE  OF  SECTION  150.10  OF  THIS  ARTICLE UPON A YOUTH AS
   13  DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, THE POLICE
   14  OFFICER SHALL NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR
   15  HIS  OR  HER  CARE  OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED, THAT
   16  SUCH YOUTH HAS BEEN SERVED WITH AN APPEARANCE TICKET, THE TIME SET FORTH
   17  IN SUCH APPEARANCE TICKET FOR THE YOUTH'S APPEARANCE BEFORE  A  CRIMINAL
   18  COURT  AND  THE OFFENSE OF WHICH HE OR SHE IS CHARGED, PROVIDED THAT THE
   19  POLICE OFFICER NEED NOT  NOTIFY  THE  PARENT  OR  OTHER  PERSON  LEGALLY
   20  RESPONSIBLE  FOR  SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR SHE IS
   21  DOMICILED WHEN SUCH YOUTH IS  NOT  ALSO  A  JUVENILE  OFFENDER  AND  THE
   22  NOTIFICATION  OF  A  PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR
   23  SAFETY OF SUCH YOUTH.
   24    S 5. This act shall take effect on the first of November next succeed-
   25  ing the date on which it shall have become a law.