Bill Text: NY S01325 | 2015-2016 | General Assembly | Introduced
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; amends provisions relating to sexually exploited children to include persons under the age of nineteen.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S01325 Detail]
Download: New_York-2015-S01325-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1325
2015-2016 Regular Sessions
I N S E N A T E
January 12, 2015
___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the social services law,
in relation to establishing the Family Notification and Protection 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 "family
2 notification and protection 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. (A) Upon arresting a juvenile offender OR YOUTH AS DEFINED IN
7 SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, the police officer
8 shall immediately notify the parent or other person legally responsible
9 for his OR HER care or the person with whom he OR SHE is domiciled, that
10 the juvenile offender OR YOUTH has been arrested, and the location of
11 the 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 (B)(I) AFTER MAKING EVERY REASONABLE EFFORT TO GIVE NOTICE TO THE
18 PARENT, OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE OR THE
19 PERSON WITH WHOM HE OR SHE IS DOMICILED, THE OFFICER SHALL ISSUE AND
20 SERVE AN APPEARANCE TICKET UPON THE ARRESTED PERSON AND RELEASE HIM OR
21 HER TO THE CUSTODY OF AN ADULT FAMILY MEMBER OR AN UNRELATED ADULT AGE
22 TWENTY-FIVE OR OVER; OR
23 (II) AFTER MAKING EVERY REASONABLE EFFORT TO LOCATE AN ADULT FAMILY
24 MEMBER OR AN UNRELATED ADULT AGE TWENTY-FIVE OR OVER, IF THERE IS NO ONE
25 TO WHOM THE OFFICER CAN RELEASE THE ARRESTED PERSON, THE OFFICER SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02992-01-5
S. 1325 2
1 RELEASE THE ARRESTED PERSON UPON ISSUANCE OF AN APPEARANCE TICKET AND
2 PROVIDE THE ARRESTED PERSON WITH A RIDE IN AN OFFICIAL POLICE VEHICLE TO
3 HIS OR HER PLACE OF RESIDENCE, AT THE REQUEST OF THE ARRESTED PERSON,
4 WITHOUT UNNECESSARY DELAY. THE OFFICER MUST INFORM THE YOUTH THAT HE OR
5 SHE MAY REQUEST A RIDE HOME; OR
6 (III) IF THE ARRESTED PERSON IS LESS THAN NINETEEN YEARS OLD, THE
7 OFFICER MAY TAKE THE YOUTH, IF IT APPEARS THAT SUCH YOUTH IS A SEXUALLY
8 EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (B), (C) OR (D) OF SUBDIVI-
9 SION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES
10 LAW, TO AN AVAILABLE SHORT-TERM SAFE HOUSE, BUT ONLY IF THE YOUTH
11 CONSENTS TO BE TAKEN.
12 S 3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal proce-
13 dure law, subdivision 1 as amended by chapter 549 of the laws of 1987,
14 paragraphs (a) and (b) of subdivision 1 as amended by chapter 324 of the
15 laws of 1988, paragraph (c) of subdivision 1 as separately amended by
16 chapter 382 of the laws of 1987, subdivision 2 as amended by chapter 550
17 of the laws of 1987 and subdivision 6 as added by chapter 411 of the
18 laws of 1979, are amended to read as follows:
19 1. Upon arresting a person without a warrant, a police officer, after
20 performing without unnecessary delay all recording, fingerprinting and
21 other preliminary police duties required in the particular case, must
22 except as otherwise provided in this section, without unnecessary delay
23 bring the arrested person or cause him to be brought before a local
24 criminal court and file therewith an appropriate accusatory instrument
25 charging him with the offense or offenses in question. The arrested
26 person must be brought to the particular local criminal court, or to one
27 of them if there be more than one, designated in section 100.55 as an
28 appropriate court for commencement of the particular action; except
29 that:
30 (a) If the arrest is for an offense other than a class A, B, C or D
31 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
32 or 215.56 of the penal law committed in a town, but not in a village
33 thereof having a village court, and the town court of such town is not
34 available at the time, the arrested person may be brought before the
35 local criminal court of any village within such town or, any adjoining
36 town, village embraced in whole or in part by such adjoining town, or
37 city of the same county; and
38 (b) If the arrest is for an offense other than a class A, B, C or D
39 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
40 or 215.56 of the penal law committed in a village having a village court
41 and such court is not available at the time, the arrested person may be
42 brought before the town court of the town embracing such village or any
43 other village court within such town, or, if such town or village court
44 is not available either, before the local criminal court of any adjoin-
45 ing town, village embraced in whole or in part by such adjoining town,
46 or city of the same county; and
47 (c) If the arrest is for an offense committed in a city, and the city
48 court thereof is not available at the time, the arrested person may be
49 brought before the local criminal court of any adjoining town or
50 village, or village court embraced by an adjoining town, within the same
51 county as such city; and
52 (d) If the arrest is for a traffic infraction or for a misdemeanor
53 relating to traffic, the police officer may, instead of bringing the
54 arrested person before the local criminal court of the political subdi-
55 vision or locality in which the offense was allegedly committed, bring
S. 1325 3
1 him before the local criminal court of the same county nearest available
2 by highway travel to the point of arrest; AND
3 (E) IF THE ARRESTED PERSON IS AT LEAST SIXTEEN YEARS OLD AND LESS THAN
4 NINETEEN YEARS OLD, AND IF THE ARREST IS FOR A NON-VIOLENT CLASS B, C,
5 OR D FELONY (EXCEPT 125.12, 263.05, 263.10, 263.15, 263.30, OR 470.23)
6 OR A VIOLATION OF SECTION 130.25, 130.40, 205.10, 205.17, 205.19 OR
7 215.56 OF THE PENAL LAW, AND THE LOCAL CRIMINAL COURT IS NOT AVAILABLE:
8 (I) THE OFFICER SHALL RELEASE THE ARRESTED PERSON TO THE CUSTODY OF
9 HIS OR HER PARENTS, OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER
10 CARE, OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED UPON THE ISSUANCE
11 OF AN APPEARANCE TICKET PROVIDED THAT THE OFFICER NEED NOT NOTIFY THE
12 PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE ARRESTED PERSON'S
13 CARE OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED WHEN THE NOTIFICA-
14 TION OF A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR SAFETY OF
15 THE ARRESTED PERSON; OR
16 (II) AFTER MAKING EVERY REASONABLE EFFORT TO GIVE NOTICE TO THE
17 PARENT, OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE OR THE
18 PERSON WITH WHOM HE OR SHE IS DOMICILED, THE OFFICER SHALL ISSUE AND
19 SERVE AN APPEARANCE TICKET UPON THE ARRESTED PERSON AND RELEASE HIM OR
20 HER TO THE CUSTODY OF AN ADULT FAMILY MEMBER OR AN UNRELATED ADULT AGE
21 TWENTY-FIVE OR OVER; OR
22 (III) AFTER MAKING EVERY REASONABLE EFFORT TO LOCATE AN ADULT FAMILY
23 MEMBER OR AN UNRELATED ADULT AGE TWENTY-FIVE OR OVER, IF THERE IS NO ONE
24 TO WHOM THE OFFICER CAN RELEASE THE ARRESTED PERSON, THE OFFICER SHALL
25 RELEASE THE ARRESTED PERSON UPON ISSUANCE OF AN APPEARANCE TICKET AND
26 PROVIDE THE ARRESTED PERSON WITH A RIDE IN AN OFFICIAL POLICE VEHICLE TO
27 HIS OR HER PLACE OF RESIDENCE, AT THE REQUEST OF THE ARRESTED PERSON,
28 WITHOUT UNNECESSARY DELAY. THE OFFICER MUST INFORM THE YOUTH THAT HE OR
29 SHE MAY REQUEST A RIDE HOME; AND
30 (F) IF THE ARRESTED PERSON IS LESS THAN NINETEEN YEARS OLD, THE OFFI-
31 CER MAY TAKE THE YOUTH, IF IT APPEARS THAT SUCH YOUTH IS A SEXUALLY
32 EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (B), (C) OR (D) OF SUBDIVI-
33 SION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES
34 LAW, TO AN AVAILABLE SHORT-TERM SAFE HOUSE, BUT ONLY IF THE YOUTH
35 CONSENTS TO BE TAKEN.
36 (G) IF THE ARRESTED PERSON IS AT LEAST SIXTEEN YEARS OLD AND LESS THAN
37 NINETEEN YEARS OLD AND IF THE ARREST IS FOR AN OFFENSE OTHER THAN A
38 CLASS A, B, C OR D FELONY OR A VIOLATION OF SECTION 130.25, 130.40,
39 205.10, 205.17, 205.19 OR 215.56 OF THE PENAL LAW, THE OFFICER SHALL
40 ISSUE AND SERVE AN APPEARANCE TICKET, AS PRESCRIBED IN SUBDIVISION FOUR
41 OF SECTION 150.20 AND RELEASE HIM OR HER FROM CUSTODY, AS PRESCRIBED IN
42 PARAGRAPH (E) OF THIS SUBDIVISION.
43 2. If the arrest is for an offense other than a class A, B, C or D
44 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
45 or 215.56 of the penal law, the arrested person need not be brought
46 before a local criminal court as provided in subdivision one, and the
47 procedure may instead be as follows:
48 (a) A police officer may issue and serve an appearance ticket upon the
49 arrested person and release him from custody, as prescribed in subdivi-
50 sion two of section 150.20; or
51 (b) The desk officer in charge at a police station, county jail or
52 police headquarters, or any of his superior officers, may, in such place
53 fix pre-arraignment bail and, upon deposit thereof, issue and serve an
54 appearance ticket upon the arrested person and release him from custody,
55 as prescribed in section 150.30.
S. 1325 4
1 IF THE ARRESTED PERSON IS OLDER THAN SIXTEEN YEARS OLD BUT LESS THAN
2 NINETEEN YEARS OLD, THE OFFICER SHALL FOLLOW THE PROCEDURE AS PRESCRIBED
3 IN PARAGRAPH (G) OF SUBDIVISION ONE OF THIS SECTION.
4 6. Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
5 SION ONE OF SECTION 720.10 OF THIS CHAPTER without a warrant, the police
6 officer shall immediately notify the parent or other person legally
7 responsible for his OR HER care or the person with whom he OR SHE is
8 domiciled, that the juvenile offender OR YOUTH has been arrested, and
9 the location of the facility where he is being detained, PROVIDED THAT
10 THE POLICE OFFICER NEED NOT NOTIFY THE PARENT OR OTHER PERSON LEGALLY
11 RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR SHE IS
12 DOMICILED WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE
13 NOTIFICATION OF A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR
14 SAFETY OF SUCH YOUTH, HOWEVER THE POLICE OFFICER MUST MAKE EVERY REASON-
15 ABLE EFFORT TO CONTACT AN ADULT FAMILY MEMBER OR AN UNRELATED ADULT OVER
16 THE AGE OF TWENTY-FIVE AS PRESCRIBED IN PARAGRAPH (E) OF SUBDIVISION ONE
17 OF THIS SECTION.
18 S 4. Section 150.20 of the criminal procedure law is amended by adding
19 a new subdivision 4 to read as follows:
20 4. UPON ISSUING TO AND SERVING AN APPEARANCE TICKET AS DEFINED IN
21 SUBDIVISION ONE OF SECTION 150.10 OF THIS ARTICLE UPON A YOUTH AS
22 DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, THE POLICE
23 OFFICER SHALL NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR
24 HIS OR HER CARE OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED OR SOME
25 OTHER ADULT AS PROVIDED FOR IN PARAGRAPH (E) OF SUBDIVISION ONE OF
26 SECTION 140.20 OF THIS CHAPTER, THAT SUCH YOUTH HAS BEEN SERVED WITH AN
27 APPEARANCE TICKET, THE TIME SET FORTH IN SUCH APPEARANCE TICKET FOR THE
28 YOUTH'S APPEARANCE BEFORE A CRIMINAL COURT AND THE OFFENSE OF WHICH HE
29 OR SHE IS CHARGED, PROVIDED THAT THE POLICE OFFICER NEED NOT NOTIFY THE
30 PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE
31 PERSON WITH WHOM HE OR SHE IS DOMICILED WHEN SUCH YOUTH IS NOT ALSO A
32 JUVENILE OFFENDER AND THE NOTIFICATION OF A PARENT OR OTHER PERSON WOULD
33 ENDANGER THE HEALTH OR SAFETY OF SUCH YOUTH.
34 S 5. Subdivisions 1 and 2 of section 447-a of the social services law,
35 subdivision 1 as amended by section 1 of part G of chapter 58 of the
36 laws of 2010, subdivision 2 as added by chapter 569 of the laws of 2008,
37 are amended to read as follows:
38 1. The term "sexually exploited child" means any person under the age
39 of [eighteen] NINETEEN who has been subject to sexual exploitation
40 because he or she:
41 (a) is the victim of the crime of sex trafficking as defined in
42 section 230.34 of the penal law;
43 (b) engages in any act as defined in section 230.00 of the penal law;
44 (c) is a victim of the crime of compelling prostitution as defined in
45 section 230.33 of the penal law;
46 (d) engages in acts or conduct described in article two hundred
47 sixty-three or section 240.37 of the penal law.
48 2. The term "short-term safe house" means a residential facility oper-
49 ated by an authorized agency as defined in subdivision ten of section
50 three hundred seventy-one of this article including a residential facil-
51 ity operating as part of an approved runaway program as defined in
52 subdivision four of section five hundred thirty-two-a of the executive
53 law or a not-for-profit agency with experience in providing services to
54 sexually exploited youth and approved in accordance with the regulations
55 of the office of children and family services that provides emergency
56 shelter, services and care to sexually exploited children including
S. 1325 5
1 food, shelter, clothing, medical care, counseling and appropriate crisis
2 intervention services at the time they are taken into custody by law
3 enforcement and for the duration of any legal proceeding or proceedings
4 in which they are either the complaining witness or the subject child.
5 The short-term safe house shall also be available at the point in time
6 that a child under the age of [eighteen] NINETEEN has first come into
7 the custody of juvenile detention officials, law enforcement, local
8 jails or the local commissioner of social services or is residing with
9 the local runaway and homeless youth authority.
10 S 6. This act shall take effect on the first of November next succeed-
11 ing the date on which it shall have become a law.
