Bill Text: NY S04054 | 2021-2022 | 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 or 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 9-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S04054 Detail]
Download: New_York-2021-S04054-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4054 2021-2022 Regular Sessions IN SENATE February 2, 2021 ___________ Introduced by Sen. BAILEY -- 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 ensuring that parents and guardians of youth up to age 19 are notified when their child is arrested or issued an appearance ticket 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 § 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. (a) Upon arresting a juvenile offender [or], adolescent offender, 7 or youth as defined in subdivision one of section 720.10 of this 8 chapter, the police officer shall immediately notify the parent or other 9 person legally responsible for his or her care or the person with whom 10 he or she is domiciled, that the juvenile offender, or adolescent offen- 11 der, or youth has been arrested, and the location of the facility where 12 he or she is being detained, provided that the police officer need not 13 notify the parent or other person legally responsible for such youth's 14 care or the person with whom he or she is domiciled when such youth is 15 not also a juvenile offender and the notification of a parent or other 16 person would endanger the health or safety of such 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08214-01-1S. 4054 2 1 (ii) After making every reasonable effort to locate an adult family 2 member or an unrelated adult age twenty-five or over, if there is no one 3 to whom the officer can release the arrested person, the officer shall 4 release the arrested person upon issuance of an appearance ticket and 5 provide the arrested person with a ride in an official police vehicle to 6 his or her place of residence, at the request of the arrested person, 7 without unnecessary delay. The officer must inform the youth that he or 8 she may request a ride home; or 9 (iii) If the arrested person is less than nineteen years old, the 10 officer may take the youth, if it appears that such youth is a sexually 11 exploited child as defined in paragraph (a), (b), (c) or (d) of subdivi- 12 sion one of section four hundred forty-seven-a of the social services 13 law, to an available short-term safe house, but only if the youth 14 consents to be taken. 15 § 3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal proce- 16 dure law, subdivision 1 as amended by chapter 549 of the laws of 1987, 17 paragraphs (a) and (b) of subdivision 1 as amended by chapter 324 of the 18 laws of 1988, paragraph (c) of subdivision 1 as separately amended by 19 chapter 382 of the laws of 1987, paragraph (d) of subdivision 1 as 20 amended and paragraph (e) as added by chapter 492 of the laws of 2016, 21 subdivision 2 as amended by chapter 550 of the laws of 1987 and subdivi- 22 sion 6 as amended by section 20 of part WWW of chapter 59 of the laws of 23 2017, are amended to read as follows: 24 1. Upon arresting a person without a warrant, a police officer, after 25 performing without unnecessary delay all recording, fingerprinting and 26 other preliminary police duties required in the particular case, must 27 except as otherwise provided in this section, without unnecessary delay 28 bring the arrested person or cause him to be brought before a local 29 criminal court and file therewith an appropriate accusatory instrument 30 charging him with the offense or offenses in question. The arrested 31 person must be brought to the particular local criminal court, or to one 32 of them if there be more than one, designated in section 100.55 of this 33 title as an appropriate court for commencement of the particular action; 34 except that: 35 (a) If the arrest is for an offense other than a class A, B, C or D 36 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 37 or 215.56 of the penal law committed in a town, but not in a village 38 thereof having a village court, and the town court of such town is not 39 available at the time, the arrested person may be brought before the 40 local criminal court of any village within such town or, any adjoining 41 town, village embraced in whole or in part by such adjoining town, or 42 city of the same county; and 43 (b) 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 committed in a village having a village court 46 and such court is not available at the time, the arrested person may be 47 brought before the town court of the town embracing such village or any 48 other village court within such town, or, if such town or village court 49 is not available either, before the local criminal court of any adjoin- 50 ing town, village embraced in whole or in part by such adjoining town, 51 or city of the same county; and 52 (c) If the arrest is for an offense committed in a city, and the city 53 court thereof is not available at the time, the arrested person may be 54 brought before the local criminal court of any adjoining town or 55 village, or village court embraced by an adjoining town, within the same 56 county as such city; andS. 4054 3 1 (d) If the arrest is for a traffic infraction or for a misdemeanor 2 relating to traffic, the police officer may, instead of bringing the 3 arrested person before the local criminal court of the political subdi- 4 vision or locality in which the offense was allegedly committed, bring 5 him or her before the local criminal court of the same county nearest 6 available by highway travel to the point of arrest; and 7 (e) If the arrested person is at least sixteen years old and less than 8 nineteen years old, and if the arrest is for a non-violent class B, C, 9 or D felony (except 125.12, 263.05, 263.10, 263.15, 263.30, or 470.23) 10 or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 11 215.56 of the penal law, and the local criminal court is not available: 12 (i) the officer shall release the arrested person to the custody of 13 his or her parents, or other person legally responsible for his or her 14 care, or the person with whom he or she is domiciled upon the issuance 15 of an appearance ticket provided that the officer need not notify the 16 parent or other person legally responsible for the arrested person's 17 care or the person with whom he or she is domiciled when the notifica- 18 tion of a parent or other person would endanger the health or safety of 19 the arrested person; or 20 (ii) after making every reasonable effort to give notice to the 21 parent, or other person legally responsible for his or her care or the 22 person with whom he or she is domiciled, the officer shall issue and 23 serve an appearance ticket upon the arrested person and release him or 24 her to the custody of an adult family member or an unrelated adult age 25 twenty-five or over; or 26 (iii) after making every reasonable effort to locate an adult family 27 member or an unrelated adult age twenty-five or over, if there is no one 28 to whom the officer can release the arrested person, the officer shall 29 release the arrested person upon issuance of an appearance ticket and 30 provide the arrested person with a ride in an official police vehicle to 31 his or her place of residence, at the request of the arrested person, 32 without unnecessary delay. The officer must inform the youth that he or 33 she may request a ride home; and 34 (f) If the arrested person is less than nineteen years old, the offi- 35 cer may take the youth, if it appears that such youth is a sexually 36 exploited child as defined in paragraph (a), (b), (c) or (d) of subdivi- 37 sion one of section four hundred forty-seven-a of the social services 38 law, to an available short-term safe house, but only if the youth 39 consents to be taken; and 40 (g) If the arrested person is at least sixteen years old and less than 41 nineteen years old and if the arrest is for an offense other than a 42 class A, B, C or D felony or a violation of section 130.25, 130.40, 43 205.10, 205.17, 205.19 or 215.56 of the penal law, the officer shall 44 issue and serve an appearance ticket, as prescribed in subdivision four 45 of section 150.20 and release him or her from custody, as prescribed in 46 paragraph (e) of this subdivision; and 47 [(e)] (h) Notwithstanding any other provision of this section, where a 48 local criminal court in the county in which the defendant is arrested is 49 operating an off-hours arraignment part designated in accordance with 50 paragraph (w) of subdivision one of section two hundred twelve of the 51 judiciary law at the time of defendant's arrest, the arrested person may 52 be brought before such local criminal court. 53 2. If the arrest is for an offense other than a class A, B, C or D 54 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 55 or 215.56 of the penal law, the arrested person need not be broughtS. 4054 4 1 before a local criminal court as provided in subdivision one of this 2 section, and the procedure may instead be as follows: 3 (a) A police officer may issue and serve an appearance ticket upon the 4 arrested person and release him from custody, as prescribed in subdivi- 5 sion two of section 150.20 of this title; or 6 (b) The desk officer in charge at a police station, county jail or 7 police headquarters, or any of his superior officers, may, in such place 8 fix pre-arraignment bail and, upon deposit thereof, issue and serve an 9 appearance ticket upon the arrested person and release him from custody, 10 as prescribed in section 150.30 of this title. 11 If the arrested person is older than sixteen years old but less than 12 nineteen years old, the officer shall follow the procedure as prescribed 13 in paragraph (h) of subdivision one of this section. 14 6. Upon arresting a juvenile offender [or], a person sixteen or 15 commencing October first, two thousand nineteen, seventeen years of age, 16 or youth as defined in subdivision one of section 720.10 of this chapter 17 without a warrant, the police officer shall immediately notify the 18 parent or other person legally responsible for his or her care or the 19 person with whom he or she is domiciled, that such offender or person 20 has been arrested, and the location of the facility where he or she is 21 being detained, provided that the police officer need not notify the 22 parent or other person legally responsible for such youth's care or the 23 person with whom he or she is domiciled when such youth is not also a 24 juvenile offender and the notification of a parent or other person would 25 endanger the health or safety of such youth, however the police officer 26 must make every reasonable effort to contact an adult family member or 27 an unrelated adult over the age of twenty-five as prescribed in para- 28 graph (f) of subdivision one of this section. If the officer determines 29 that it is necessary to question a juvenile offender, youth, or such 30 person, the officer must take him or her to a facility designated by the 31 chief administrator of the courts as a suitable place for the question- 32 ing of children or, upon the consent of a parent or other person legally 33 responsible for the care of the juvenile or such person, to his or her 34 residence and there question him or her for a reasonable period of time. 35 A juvenile or such person shall not be questioned pursuant to this 36 section unless he or she and a person required to be notified pursuant 37 to this subdivision, if present, have been advised: 38 (a) of the juvenile offender's, youth, or such person's right to 39 remain silent; 40 (b) that the statements made by him or her may be used in a court of 41 law; 42 (c) of his or her right to have an attorney present at such question- 43 ing; and 44 (d) of his or her right to have an attorney provided for him or her 45 without charge if he or she is unable to afford counsel. 46 In determining the suitability of questioning and determining the 47 reasonable period of time for questioning such a juvenile offender, 48 youth, or person, his or her age, the presence or absence of his or her 49 parents or other persons legally responsible for his or her care and 50 notification pursuant to this subdivision shall be included among rele- 51 vant considerations. 52 § 4. Section 150.20 of the criminal procedure law is amended by adding 53 a new subdivision 4 to read as follows: 54 4. Upon issuing to and serving an appearance ticket as defined in 55 subdivision one of section 150.10 of this article upon a youth as 56 defined in subdivision one of section 720.10 of this chapter, the policeS. 4054 5 1 officer shall notify the parent or other person legally responsible for 2 his or her care or the person with whom he or she is domiciled or some 3 other adult as provided for in paragraph (f) of subdivision one of 4 section 140.20 of this chapter, that such youth has been served with an 5 appearance ticket, the time set forth in such appearance ticket for the 6 youth's appearance before a criminal court and the offense of which he 7 or she is charged, provided that the police officer need not notify the 8 parent or other person legally responsible for such youth's care or the 9 person with whom he or she is domiciled when such youth is not also a 10 juvenile offender and the notification of a parent or other person would 11 endanger the health or safety of such youth. 12 § 5. Subdivisions 1 and 2 of section 447-a of the social services law, 13 subdivision 1 as amended by chapter 189 of the laws of 2018, subdivision 14 2 as amended by section 8 of part M of chapter 56 of the laws of 2017, 15 are amended to read as follows: 16 1. The term "sexually exploited child" means any person under the age 17 of [eighteen] nineteen who has been subject to sexual exploitation 18 because he or she: 19 (a) is the victim of the crime of sex trafficking as defined in 20 section 230.34 of the penal law or the crime of sex trafficking of a 21 child as defined in section 230.34-a of the penal law; 22 (b) engages in any act as defined in section 230.00 of the penal law; 23 (c) is a victim of the crime of compelling prostitution as defined in 24 section 230.33 of the penal law; 25 (d) engages in acts or conduct described in article two hundred 26 sixty-three or section 240.37 of the penal law. 27 2. The term "short-term safe house" means a residential facility oper- 28 ated by an authorized agency as defined in subdivision ten of section 29 three hundred seventy-one of this article including a residential facil- 30 ity operating as part of a runaway and homeless youth crisis services 31 program as defined in subdivision four of section five hundred thirty- 32 two-a of the executive law or a not-for-profit agency with experience in 33 providing services to sexually exploited youth and approved in accord- 34 ance with the regulations of the office of children and family services 35 that provides emergency shelter, services and care to sexually exploited 36 children including food, shelter, clothing, medical care, counseling and 37 appropriate crisis intervention services at the time they are taken into 38 custody by law enforcement and for the duration of any legal proceeding 39 or proceedings in which they are either the complaining witness or the 40 subject child. The short-term safe house shall also be available at the 41 point in time that a child under the age of [eighteen] nineteen has 42 first come into the custody of juvenile detention officials, law 43 enforcement, local jails or the local commissioner of social services or 44 is residing with the local runaway and homeless youth authority. 45 § 6. This act shall take effect on the first of November next succeed- 46 ing the date on which it shall have become a law.
