Bill Text: NY A06429 | 2015-2016 | General Assembly | Introduced

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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 that police officer need not notify an identified person if such officer believes notification would endanger safety or health of youth.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A06429 Detail]

Download: New_York-2015-A06429-Introduced.html

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                           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.