Bill Text: NY S09003 | 2017-2018 | 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-12 - REFERRED TO RULES [S09003 Detail]
Download: New_York-2017-S09003-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9003 IN SENATE June 12, 2018 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 § 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. Upon arresting a juvenile offender or adolescent offender or youth 7 as defined in subdivision one of section 720.10 of this chapter, the 8 police officer shall immediately notify the parent or other person 9 legally responsible for his or her care or the person with whom he or 10 she is domiciled, that the juvenile offender or youth or adolescent 11 offender or youth has been arrested, and the location of the facility 12 where he or she is being detained, provided that the police officer need 13 not notify the parent or other person legally responsible for such 14 youth's care or the person with whom he or she is domiciled when such 15 youth is not also a juvenile offender and the notification of a parent 16 or other person would endanger the health or safety of such youth. 17 § 3. Subdivision 6 of section 140.20 of the criminal procedure law, as 18 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 19 amended to read as follows: 20 6. Upon arresting a juvenile offender or youth as defined in subdivi- 21 sion one of section 720.10 of this chapter or a person sixteen or 22 commencing October first, two thousand nineteen, seventeen years of age 23 without a warrant, the police officer shall immediately notify the 24 parent or other person legally responsible for his or her care or the 25 person with whom he or she is domiciled, that such offender or person 26 has been arrested, and the location of the facility where he or she is 27 being detained, provided that the police officer need not notify the 28 parent or other person legally responsible for such youth's care or the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08383-03-8S. 9003 2 1 person with whom he or she is domiciled when such youth is not also a 2 juvenile offender and the notification of a parent or other person would 3 endanger the health or safety of such youth. If the officer determines 4 that it is necessary to question a juvenile offender or such person, the 5 officer must take him or her to a facility designated by the chief 6 administrator of the courts as a suitable place for the questioning of 7 children or, upon the consent of a parent or other person legally 8 responsible for the care of the juvenile or such person, to his or her 9 residence and there question him or her for a reasonable period of time. 10 A juvenile or such person shall not be questioned pursuant to this 11 section unless he or she and a person required to be notified pursuant 12 to this subdivision, if present, have been advised: 13 (a) of the juvenile offender's, youth's or such person's right to 14 remain silent; 15 (b) that the statements made by him or her may be used in a court of 16 law; 17 (c) of his or her right to have an attorney present at such question- 18 ing; and 19 (d) of his or her right to have an attorney provided for him or her 20 without charge if he or she is unable to afford counsel. 21 In determining the suitability of questioning and determining the 22 reasonable period of time for questioning such a juvenile offender or 23 person, his or her age, the presence or absence of his or her parents or 24 other persons legally responsible for his or her care and notification 25 pursuant to this subdivision shall be included among relevant consider- 26 ations. 27 § 4. Section 150.20 of the criminal procedure law is amended by adding 28 a new subdivision 4 to read as follows: 29 4. Upon issuing to and serving an appearance ticket as defined in 30 subdivision one of section 150.10 of this article upon a youth as 31 defined in subdivision one of section 720.10 of this chapter, the police 32 officer shall notify the parent or other person legally responsible for 33 his or her care or the person with whom he or she is domiciled, that 34 such youth has been served with an appearance ticket, the time set forth 35 in such appearance ticket for the youth's appearance before a criminal 36 court and the offense of which he or she is charged, provided that the 37 police officer need not notify the parent or other person legally 38 responsible for such youth's care or the person with whom he or she is 39 domiciled when such youth is not also a juvenile offender and the 40 notification of a parent or other person would endanger the health or 41 safety of such youth. 42 § 5. This act shall take effect on the first of January next succeed- 43 ing the date on which it shall have become a law; provided that if 44 sections 16 and 20 of part WWW of chapter 59 of the laws of 2017 shall 45 not have taken effect on such date, then sections one and two of this 46 act shall take effect on the same date and in the same manner as such 47 sections of part WWW of chapter 59 of the laws of 2017 take effect.
