S T A T E O F N E W Y O R K
________________________________________________________________________
6429
2015-2016 Regular Sessions
I N A S S E M B L Y
March 24, 2015
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Codes
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. Section 120.90 of the criminal procedure law is amended by adding
4 a new subdivision 9 to read as follows:
5 9. UPON ARRESTING A YOUTH, AS DEFINED IN SUBDIVISION ONE OF SECTION
6 720.10 OF THIS CHAPTER, THE POLICE OFFICER SHALL INQUIRE OF THE YOUTH
7 THE NAME AND CONTACT NUMBER OF THE PARENT, OTHER PERSON LEGALLY RESPON-
8 SIBLE FOR HIS OR HER CARE, OR OTHER RESPONSIBLE ADULT WITH WHOM HE OR
9 SHE IS DOMICILED, AND THE POLICE OFFICER SHALL MAKE REASONABLE AND GOOD
10 FAITH EFFORTS TO NOTIFY SUCH PERSON THAT THE YOUTH HAS BEEN ARRESTED,
11 AND THE LOCATION OF THE FACILITY WHERE HE OR SHE IS BEING DETAINED.
12 REASONABLE AND GOOD FAITH EFFORTS SHALL NOT REQUIRE THE OFFICER TO PHYS-
13 ICALLY SEARCH FOR SUCH PERSON OR PERSONS. A YOUTH MAY DECLINE TO PROVIDE
14 A NAME AND CONTACT NUMBER. THE POLICE OFFICER NEED NOT NOTIFY AN IDENTI-
15 FIED PERSON IF THE OFFICER BELIEVES SUCH NOTIFICATION WOULD ENDANGER THE
16 HEALTH OR SAFETY OF SUCH YOUTH.
17 S 3. Section 140.20 of the criminal procedure law is amended by adding
18 a new subdivision 8 to read as follows:
19 8. UPON ARRESTING A YOUTH, AS DEFINED IN SUBDIVISION ONE OF SECTION
20 720.10 OF THIS CHAPTER, THE POLICE OFFICER SHALL INQUIRE OF THE YOUTH
21 THE NAME AND CONTACT NUMBER OF THE PARENT, OTHER PERSON LEGALLY RESPON-
22 SIBLE FOR HIS OR HER CARE, OR OTHER RESPONSIBLE ADULT WITH WHOM HE OR
23 SHE IS DOMICILED, AND THE POLICE OFFICER SHALL MAKE REASONABLE AND GOOD
24 FAITH EFFORTS TO NOTIFY SUCH PERSON THAT THE YOUTH HAS BEEN ARRESTED,
25 AND THE LOCATION OF THE FACILITY WHERE HE OR SHE IS BEING DETAINED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03570-01-5
A. 6429 2
1 REASONABLE AND GOOD FAITH EFFORTS SHALL NOT REQUIRE THE OFFICER TO PHYS-
2 ICALLY SEARCH FOR SUCH PERSON OR PERSONS. A YOUTH MAY DECLINE TO PROVIDE
3 A NAME AND CONTACT NUMBER. THE POLICE OFFICER NEED NOT NOTIFY AN IDENTI-
4 FIED PERSON IF THE OFFICER BELIEVES SUCH NOTIFICATION WOULD ENDANGER THE
5 HEALTH OR SAFETY OF SUCH YOUTH.
6 S 4. Section 150.20 of the criminal procedure law is amended by adding
7 a new subdivision 4 to read as follows:
8 4. WITHIN A REASONABLE TIME OF SERVING AN APPEARANCE TICKET, AS
9 DEFINED IN SUBDIVISION ONE OF SECTION 150.10 OF THIS ARTICLE, UPON A
10 YOUTH, AS DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER,
11 THE POLICE OFFICER SHALL INQUIRE OF THE YOUTH THE NAME AND CONTACT
12 NUMBER OF THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER
13 CARE OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED, AND THE POLICE
14 OFFICER OR A PERSON OTHERWISE EMPLOYED BY SUCH DEPARTMENT SHALL MAKE
15 REASONABLE AND GOOD FAITH EFFORTS TO NOTIFY SUCH PERSON THAT SUCH YOUTH
16 HAS BEEN SERVED WITH AN APPEARANCE TICKET, THE TIME SET FORTH IN SUCH
17 APPEARANCE TICKET FOR THE YOUTH'S APPEARANCE BEFORE A CRIMINAL COURT AND
18 THE OFFENSE OF WHICH HE OR SHE IS CHARGED. THE EFFORTS TO NOTIFY SHALL
19 BE WITHIN FORTY-EIGHT HOURS AFTER THE ISSUANCE OF SUCH APPEARANCE TICK-
20 ET. A YOUTH MAY DECLINE TO PROVIDE A CONTACT NUMBER. THE POLICE OFFICER
21 NEED NOT NOTIFY AN IDENTIFIED PERSON IF THE OFFICER BELIEVES THAT SUCH
22 NOTIFICATION WOULD ENDANGER THE HEALTH OR SAFETY OF SUCH YOUTH.
23 S 5. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.