Bill Text: NY A07981 | 2019-2020 | General Assembly | Amended
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) 2020-01-08 - ordered to third reading cal.301 [A07981 Detail]
Download: New_York-2019-A07981-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7981--A R. R. 208 2019-2020 Regular Sessions IN ASSEMBLY May 30, 2019 ___________ Introduced by M. of A. WALKER -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- amended on the special order of third reading, ordered reprinted as amended, retain- ing its place on the special order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09843-03-9A. 7981--A 2 1 the place and date an appearance ticket is returnable if the adolescent 2 offender has been given an appearance ticket. If the officer determines 3 that it is necessary to question a juvenile offender or such person, the 4 officer must take him or her to a facility designated by the chief 5 administrator of the courts as a suitable place for the questioning of 6 children or, upon the consent of a parent or other person legally 7 responsible for the care of the juvenile or such person, to his or her 8 residence and there question him or her for a reasonable period of time. 9 A juvenile or such person shall not be questioned pursuant to this 10 section unless he or she and a person required to be notified pursuant 11 to this subdivision, if present, have been advised: 12 8. [If] Except as provided in subdivision two of this section, if the 13 arrest is for a juvenile offender or adolescent offender other than an 14 arrest for a violation or a traffic infraction, such offender shall be 15 brought before the youth part of the superior court. If the youth part 16 is not in session, such offender shall be brought before the most acces- 17 sible magistrate designated by the appellate division of the supreme 18 court in the applicable department to act as a youth part. 19 § 2. Paragraph (a) of subdivision 1 and subdivisions 2 and 3 of 20 section 150.20 of the criminal procedure law, paragraph (a) of subdivi- 21 sion 1 as amended by section 1-a of part JJJ of chapter 59 of the laws 22 of 2019 and subdivisions 2 and 3 as amended by chapter 550 of the laws 23 of 1987, are amended to read as follows: 24 (a) Whenever a police officer is authorized pursuant to section 140.10 25 of this title to arrest a person without a warrant for an offense other 26 than a class A, B, C or D felony or a violation of section 130.25, 27 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law or if, in the 28 case of an adolescent offender, the arrest is for an offense other than 29 a class A felony or a violent felony offense as defined in subdivision 30 one of section 70.02 of the penal law, he or she shall, except as set 31 out in paragraph (b) of this subdivision, subject to the provisions of 32 subdivisions three and four of section 150.40 of this title, instead 33 issue to and serve upon such person an appearance ticket. 34 2. (a) Whenever a police officer has arrested a person without a 35 warrant for an offense other than a class A, B, C or D felony or a 36 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of 37 the penal law pursuant to section 140.10 of this title, or if, in the 38 case of an adolescent offender, the arrest is for an offense other than 39 a class A felony or a violent felony offense as defined in subdivision 40 one of section 70.02 of the penal law, or (b) whenever a peace officer, 41 who is not authorized by law to issue an appearance ticket, has arrested 42 a person for an offense other than a class A, B, C or D felony or a 43 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of 44 the penal law pursuant to section 140.25 of this title or if, in the 45 case of an adolescent offender, the arrest is for an offense other than 46 a class A felony or a violent felony offense as defined in subdivision 47 one of section 70.02 of the penal law, and has requested a police offi- 48 cer to issue and serve upon such arrested person an appearance ticket 49 pursuant to subdivision four of section 140.27 of this title, or (c) 50 whenever a person has been arrested for an offense other than a class A, 51 B, C or D felony or a violation of section 130.25, 130.40, 205.10, 52 205.17, 205.19 or 215.56 of the penal law or if, in the case of an 53 adolescent offender, the arrest is for an offense other than a class A 54 felony or a violent felony offense as defined in subdivision one of 55 section 70.02 of the penal law and has been delivered to the custody of 56 an appropriate police officer pursuant to section 140.40 of this title,A. 7981--A 3 1 such police officer may, instead of bringing such person before a local 2 criminal court and promptly filing or causing the arresting peace offi- 3 cer or arresting person to file a local criminal court accusatory 4 instrument therewith, issue to and serve upon such person an appearance 5 ticket. [The issuance and service of an appearance ticket under such6circumstances may be conditioned upon a deposit of pre-arraignment bail,7as provided in section 150.30.] 8 3. A public servant other than a police officer, who is specially 9 authorized by state law or local law enacted pursuant to the provisions 10 of the municipal home rule law to issue and serve appearance tickets 11 with respect to designated offenses other than class A, B, C or D felo- 12 nies or violations of section 130.25, 130.40, 205.10, 205.17, 205.19 or 13 215.56 of the penal law or, in the case of an adolescent offender, the 14 arrest is for an offense other than a class A felony or a violent felony 15 offense as defined in subdivision one of section 70.02 of the penal law, 16 may in such cases issue and serve upon a person an appearance ticket 17 when he or she has reasonable cause to believe that such person has 18 committed a crime, or has committed a petty offense in his or her pres- 19 ence. 20 § 3. This act shall take effect on the first of January next succeed- 21 ing the date on which it shall have become a law; provided, however, 22 that the amendments to paragraph (a) of subdivision 1 of section 150.20 23 of the criminal procedure law made by section two of this act shall take 24 effect on the same date and in the same manner as section 1-a of part 25 JJJ of chapter 59 of the laws of 2019, takes effect.
