Bill Text: NY A07705 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to issuance of appearance tickets to adolescent offenders pending appearances before youth parts of superior courts of criminal jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - ordered to third reading cal.271 [A07705 Detail]
Download: New_York-2021-A07705-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7705 2021-2022 Regular Sessions IN ASSEMBLY May 20, 2021 ___________ Introduced by M. of A. WALKER -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to issuance of appearance tickets to adolescent offenders pending appearances before youth parts of superior courts of criminal jurisdiction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 2, the opening para- 2 graph of subdivision 6 and subdivision 8 of section 140.20 of the crimi- 3 nal procedure law, the opening paragraph of subdivision 2 as amended by 4 chapter 550 of the laws of 1987, the opening paragraph of subdivision 6 5 as amended by section 20 and subdivision 8 as added by section 19 of 6 part WWW of chapter 59 of the laws of 2017, are amended to read as 7 follows: 8 If the arrest is for an offense other than a class A, B, C or D felony 9 or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 10 215.56 of the penal law or if, in the case of an adolescent offender, 11 the arrest is for an offense other than a class A felony or a violent 12 felony offense as defined in subdivision one of section 70.02 of the 13 penal law, the arrested person need not be brought before a local crimi- 14 nal court as provided in subdivision one, and the procedure may instead 15 be as follows: 16 Upon arresting a juvenile offender or a person sixteen or commencing 17 October first, two thousand nineteen, seventeen years of age without a 18 warrant, the police officer shall immediately notify the parent or other 19 person legally responsible for his or her care or the person with whom 20 he or she is domiciled, that such offender or person has been arrested, 21 and the location of the facility where he or she is being detained or 22 the place and date an appearance ticket is returnable if the adolescent 23 offender has been given an appearance ticket. If the officer determines 24 that it is necessary to question a juvenile offender or such person, the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10252-02-1A. 7705 2 1 officer must take him or her to a facility designated by the chief 2 administrator of the courts as a suitable place for the questioning of 3 children or, upon the consent of a parent or other person legally 4 responsible for the care of the juvenile or such person, to his or her 5 residence and there question him or her for a reasonable period of time. 6 A juvenile or such person shall not be questioned pursuant to this 7 section unless he or she and a person required to be notified pursuant 8 to this subdivision, if present, have been advised: 9 8. [If] Except as provided in subdivision two of this section, if the 10 arrest is for a juvenile offender or adolescent offender other than an 11 arrest for a violation or a traffic infraction, such offender shall be 12 brought before the youth part of the superior court. If the youth part 13 is not in session, such offender shall be brought before the most acces- 14 sible magistrate designated by the appellate division of the supreme 15 court in the applicable department to act as a youth part. 16 § 2. Paragraph (a) of subdivision 1 and subdivisions 2 and 3 of 17 section 150.20 of the criminal procedure law, paragraph (a) of subdivi- 18 sion 1 as amended by section 1-a of part JJJ of chapter 59 of the laws 19 of 2019 and subdivisions 2 and 3 as amended by chapter 550 of the laws 20 of 1987, are amended to read as follows: 21 (a) Whenever a police officer is authorized pursuant to section 140.10 22 of this title to arrest a person without a warrant for an offense other 23 than a class A, B, C or D felony or a violation of section 130.25, 24 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law or if, in the 25 case of an adolescent offender, the arrest is for an offense other than 26 a class A felony or a violent felony offense as defined in subdivision 27 one of section 70.02 of the penal law, he or she shall, except as set 28 out in paragraph (b) of this subdivision, subject to the provisions of 29 subdivisions three and four of section 150.40 of this title, instead 30 issue to and serve upon such person an appearance ticket. 31 2. (a) Whenever a police officer has arrested a person without a 32 warrant for an offense other than a class A, B, C or D felony or a 33 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of 34 the penal law pursuant to section 140.10 of this title, or if, in the 35 case of an adolescent offender, the arrest is for an offense other than 36 a class A felony or a violent felony offense as defined in subdivision 37 one of section 70.02 of the penal law, or (b) whenever a peace officer, 38 who is not authorized by law to issue an appearance ticket, has arrested 39 a person for an offense other than a class A, B, C or D felony or a 40 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of 41 the penal law pursuant to section 140.25 of this title or if, in the 42 case of an adolescent offender, the arrest is for an offense other than 43 a class A felony or a violent felony offense as defined in subdivision 44 one of section 70.02 of the penal law, and has requested a police offi- 45 cer to issue and serve upon such arrested person an appearance ticket 46 pursuant to subdivision four of section 140.27 of this title, or (c) 47 whenever a person has been arrested for an offense other than a class A, 48 B, C or D felony or a violation of section 130.25, 130.40, 205.10, 49 205.17, 205.19 or 215.56 of the penal law or if, in the case of an 50 adolescent offender, the arrest is for an offense other than a class A 51 felony or a violent felony offense as defined in subdivision one of 52 section 70.02 of the penal law and has been delivered to the custody of 53 an appropriate police officer pursuant to section 140.40 of this title, 54 such police officer may, instead of bringing such person before a local 55 criminal court and promptly filing or causing the arresting peace offi- 56 cer or arresting person to file a local criminal court accusatoryA. 7705 3 1 instrument therewith, issue to and serve upon such person an appearance 2 ticket. [The issuance and service of an appearance ticket under such3circumstances may be conditioned upon a deposit of pre-arraignment bail,4as provided in section 150.30.] 5 3. A public servant other than a police officer, who is specially 6 authorized by state law or local law enacted pursuant to the provisions 7 of the municipal home rule law to issue and serve appearance tickets 8 with respect to designated offenses other than class A, B, C or D felo- 9 nies or violations of section 130.25, 130.40, 205.10, 205.17, 205.19 or 10 215.56 of the penal law or, in the case of an adolescent offender, the 11 arrest is for an offense other than a class A felony or a violent felony 12 offense as defined in subdivision one of section 70.02 of the penal law, 13 may in such cases issue and serve upon a person an appearance ticket 14 when he or she has reasonable cause to believe that such person has 15 committed a crime, or has committed a petty offense in his or her pres- 16 ence. 17 § 3. This act shall take effect on the ninetieth day after it shall 18 have become a law.
