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A06429 Summary:

A06429 Actions:

A06429 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A6429
 
SPONSOR: Perry

 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to establishing the Chance to Help Notification Act
 
 
PURPOSE OR GENERAL IDEA OF BILL: The Second Chance Act will require
criminal or juvenile justice agencies to notify parents, guardians,
and/or adults) responsible for the care of a minor under 18 years of
age, who is arrested or otherwise comes into formal contact with the
police.
 
 
SUMMARY OF SPECIFIC PROVISIONS: Section 1 is the title of the bill.
 

Section 2 adds a new subdivision to section 120,90 of the criminal
procedure law to require police to make reasonable and good faith
efforts to notify the minor's parent or guardian that the minor has been
arrested and where such minor is detained.
 
Section 3 adds a new subdivision to section 140.20 of the criminal
procedure law to require police to make reasonable and good faith
efforts to notify the minor's parent or guardian that the minor has been
arrested and where such minor is detained.
 
Section 4 adds a new subdivision to 150.20 of the criminal procedure law
to require police to make reasonable and good faith efforts to notify
the minor's parent or guardian after issuing such minor an appearance
ticket.
 
 
JUSTIFICATION: Often, parents, guardians and/or adults responsible for
youth under the age of 18 are not notified when these minors are
arrested or have contact with the law. Consequently, adults responsible

are generally unaware that their children are involved in misconduct
and/or criminal activities. Sadly, by the time the responsible adult is
notified, the minor is a repeat offender facing even greater, more
severe charges.
 
Moreover, during an arrest of a minor, this bill will require the police
agency to make all reasonable efforts to obtain the name(s), address(es)
and telephone number(s) of the parent, guardian and/or responsible adult
in order to notify them of the charges against the minor.
 
By ensuring that the responsible adult is notified of any unlawful
activity by the minor in their care, we can help to ensure that they
have the chance to help before the youth commits additional offenses.
 
 
PRIOR LEGISLATIVE HISTORY:  2013-2014 A.7567 2012-2013 A.10783
2011-2012 A.4408 2009-2010 A.4616 2006-2008 A.4104 2005-2006 A.3601A
2003-2004 A.5096-B 2001-2002 S.6846
 
 
FISCAL IMPLICATIONS: None
 
 

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

A06429 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6429
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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    § 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    § 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    § 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    § 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.