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A07062 Summary:

BILL NOA07062
 
SAME ASSAME AS S05154
 
SPONSORBichotte
 
COSPNSRJaffee, Harris, D'Urso, Hooper, Cook, Hyndman, Vanel, Barron, De La Rosa, Williams, O'Donnell, Joyner, Richardson, Wright
 
MLTSPNSR
 
Amd 120.90, 140.20 & 150.20, CP L; amd 447-a, Soc Serv L
 
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; amends provisions relating to sexually exploited children to include persons under the age of nineteen.
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A07062 Actions:

BILL NOA07062
 
03/29/2017referred to codes
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A07062 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7062
 
SPONSOR: Bichotte
  TITLE OF BILL: An act to amend the criminal procedure law and the social services law, in relation to ensuring that parents and guardians of youth up to age 19 are notified when their child is arrested or issued an appearance ticket   PURPOSE: In the event a teenager is arrested or issued an appearance ticket, this legislation seeks to ensure that parents are notified of such an occur- rence and their child's whereabouts, unless doing so would endanger the child. The bill also proposes other measures to ensure that arrested youth are safe, and that a parent and/or another responsible adult is involved in the overall arrest and resolution process.   SUMMARY OF PROVISIONS: Sections 2, 3, and 4 amend various sections of the criminal procedure law. These sections require that when a youth that is at least sixteen but younger than nineteen is arrested and/or issued an appearance tick- et, the police officer who has arrested the youth to immediately notify a parent, or other person legally responsible for the youth, that he or she has been arrested and the location of where the youth is being detained. This requirement is waived if the arrested person is a juve- nile offender or if contacting a parent or guardian would endanger the youth. If a parent or other person legally responsible for the youth cannot be contacted, the police officer must issue an appearance ticket and release the youth to an adult family member or unrelated adult who is at least twenty-five years old. If there is no available person to whom the youth can be released, the police officer must release the youth with an appearance ticket and inform him or her that he or she may request a ride home, or if it appears that the youth is a "sexually exploited child," he or she can be driven to a "short-term safe house." Additionally, section 3 requires that an officer must issue an appear- ance ticket and release the youth in the same manner described above if: (1) he or she has been arrested for a nor-violent class B, C, or D felo- ny, and the local criminal court is unavailable, or (2) the arrest is for something other than an A, B, C, or D felony or other specified offenses. Section 5 amends subdivisions 1 and 2 of section 447-a of the social services law by expanding the definition of "sexually exploited child" to include any person under the age of nineteen. A "sexually exploited child," as defined in subdivision one of section 447-a of the social services law, is a child under the age of nineteen who has been subject to sexual exploitation either because he or she: (1) is the victim of sex trafficking, (2) engages in prostitution, (3) is a victim of the crime compelling prostitution, or (4) engages in any acts under article 263 of the penal code that includes the use of a child in, or the promotion or possession of, a child in a sexual performance; or in any acts under section 240.37 of the penal law, loitering for the purpose of engaging in a prostitution offense. Currently, the social services law allows such a child to be brought to a "short-term safe house" following an arrest. This legislation would include persons under the age of nine- teen in order to allow eighteen year-olds to have access to the "short- term safe house" as well.   JUSTIFICATION: New York is one of only two states in our nation to set the age of crim- inal responsibility at sixteen. For certain crimes, a child as young as thirteen could be adjudicated as an adult as well. This means that childhood decisions will have a devastating effect on the lives of many young men and women. As a beacon of progressive think- ing on most other issues, New York must be on par with the rest of the nation and raise the age of criminal responsibility. However, in the meantime, New York must at least take a step in the right direction. Currently, since teens age sixteen and up are consid- ered adults in the eyes of the law, their parents are not notified upon arrest. Although the arrested person has a right to make a phone call, there is no guarantee that they will contact their parents. This leaves many parents worried when their child does not return home. This bill would require for a police officer to notify the parents when a teenager is arrested or issued an appearance ticket, unless doing so would put the teen in danger. Furthermore, if the parent or legal guard- ian is unavailable, the police officer is required to contact another adult; if no adult is available, the officer must give the teen a ride home upon request. In the case of a "sexually exploited child," the officer may give the teen a ride to a "short-term safe house" instead of to their home. This legislation is important as it protects our children and will give peace of mind to parents. New York must take this first step on the long road toward raising the age of criminal responsibility.   LEGISLATIVE HISTORY: 2013-2014; Referred and died in the Committee on Codes.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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A07062 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7062
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2017
                                       ___________
 
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT to amend the criminal procedure law and the social services law,
          in relation to ensuring that parents and guardians of youth up to  age
          19  are  notified when their child is arrested or issued an appearance
          ticket

          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 "family
     2  notification and protection act".
     3    § 2. Subdivision 7 of section 120.90 of the criminal procedure law, as
     4  amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
     5  follows:
     6    7.  (a)  Upon  arresting  a  juvenile  offender or youth as defined in
     7  subdivision one of section 720.10 of this chapter,  the  police  officer
     8  shall  immediately notify the parent or other person legally responsible
     9  for his or her care or the person with whom he or she is domiciled, that
    10  the juvenile offender or youth has been arrested, and  the  location  of
    11  the facility where he or she is being detained, provided that the police
    12  officer  need  not notify the parent or other person legally responsible
    13  for such youth's care or the person with whom he  or  she  is  domiciled
    14  when  such youth is not also a juvenile offender and the notification of
    15  a parent or other person would endanger the health  or  safety  of  such
    16  youth.
    17    (b)(i)  After  making  every  reasonable  effort to give notice to the
    18  parent, or other person legally responsible for his or her care  or  the
    19  person  with  whom  he  or she is domiciled, the officer shall issue and
    20  serve an appearance ticket upon the arrested person and release  him  or
    21  her  to  the custody of an adult family member or an unrelated adult age
    22  twenty-five or over; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10147-02-7

        A. 7062                             2
 
     1    (ii) After making every reasonable effort to locate  an  adult  family
     2  member or an unrelated adult age twenty-five or over, if there is no one
     3  to  whom  the officer can release the arrested person, the officer shall
     4  release the arrested person upon issuance of an  appearance  ticket  and
     5  provide the arrested person with a ride in an official police vehicle to
     6  his  or  her  place of residence, at the request of the arrested person,
     7  without unnecessary delay. The officer must inform the youth that he  or
     8  she may request a ride home; or
     9    (iii)  If  the  arrested  person  is less than nineteen years old, the
    10  officer may take the youth, if it appears that such youth is a  sexually
    11  exploited child as defined in paragraph (a), (b), (c) or (d) of subdivi-
    12  sion  one  of  section four hundred forty-seven-a of the social services
    13  law, to an available short-term  safe  house,  but  only  if  the  youth
    14  consents to be taken.
    15    §  3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal proce-
    16  dure law, subdivision 1 as amended by chapter 549 of the laws  of  1987,
    17  paragraphs (a) and (b) of subdivision 1 as amended by chapter 324 of the
    18  laws  of  1988,  paragraph (c) of subdivision 1 as separately amended by
    19  chapter 382 of the laws of 1987,  paragraph  (d)  of  subdivision  1  as
    20  amended  and  paragraph (e) as added by chapter 492 of the laws of 2016,
    21  subdivision 2 as amended by chapter 550 of the laws of 1987 and subdivi-
    22  sion 6 as added by chapter 411 of the laws of 1979, are amended to  read
    23  as follows:
    24    1.  Upon arresting a person without a warrant, a police officer, after
    25  performing without unnecessary delay all recording,  fingerprinting  and
    26  other  preliminary  police  duties required in the particular case, must
    27  except as otherwise provided in this section, without unnecessary  delay
    28  bring  the  arrested  person  or  cause him to be brought before a local
    29  criminal court and file therewith an appropriate  accusatory  instrument
    30  charging  him  with  the  offense  or offenses in question. The arrested
    31  person must be brought to the particular local criminal court, or to one
    32  of them if there be more than one, designated in section  100.55  as  an
    33  appropriate  court  for  commencement  of  the particular action; except
    34  that:
    35    (a) If the arrest is for an offense other than a class A, B,  C  or  D
    36  felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
    37  or 215.56 of the penal law committed in a town, but  not  in  a  village
    38  thereof  having  a village court, and the town court of such town is not
    39  available at the time, the arrested person may  be  brought  before  the
    40  local  criminal  court of any village within such town or, any adjoining
    41  town, village embraced in whole or in part by such  adjoining  town,  or
    42  city of the same county; and
    43    (b)  If  the  arrest is for an offense other than a class A, B, C or D
    44  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
    45  or 215.56 of the penal law committed in a village having a village court
    46  and  such court is not available at the time, the arrested person may be
    47  brought before the town court of the town embracing such village or  any
    48  other  village court within such town, or, if such town or village court
    49  is not available either, before the local criminal court of any  adjoin-
    50  ing  town,  village embraced in whole or in part by such adjoining town,
    51  or city of the same county; and
    52    (c) If the arrest is for an offense committed in a city, and the  city
    53  court  thereof  is not available at the time, the arrested person may be
    54  brought before the  local  criminal  court  of  any  adjoining  town  or
    55  village, or village court embraced by an adjoining town, within the same
    56  county as such city; and

        A. 7062                             3

     1    (d)  If  the  arrest  is for a traffic infraction or for a misdemeanor
     2  relating to traffic, the police officer may,  instead  of  bringing  the
     3  arrested  person before the local criminal court of the political subdi-
     4  vision or locality in which the offense was allegedly  committed,  bring
     5  him  or  her  before the local criminal court of the same county nearest
     6  available by highway travel to the point of arrest; and
     7    (e) If the arrested person is at least sixteen years old and less than
     8  nineteen years old, and if the arrest is for a non-violent class  B,  C,
     9  or  D  felony (except 125.12, 263.05, 263.10, 263.15, 263.30, or 470.23)
    10  or a violation of section 130.25,  130.40,  205.10,  205.17,  205.19  or
    11  215.56 of the penal law, and the local criminal court is not available:
    12    (i)  the  officer  shall release the arrested person to the custody of
    13  his or her parents, or other person legally responsible for his  or  her
    14  care,  or  the person with whom he or she is domiciled upon the issuance
    15  of an appearance ticket provided that the officer need  not  notify  the
    16  parent  or  other  person  legally responsible for the arrested person's
    17  care or the person with whom he or she is domiciled when  the  notifica-
    18  tion  of a parent or other person would endanger the health or safety of
    19  the arrested person; or
    20    (ii) after making every  reasonable  effort  to  give  notice  to  the
    21  parent,  or  other person legally responsible for his or her care or the
    22  person with whom he or she is domiciled, the  officer  shall  issue  and
    23  serve  an  appearance ticket upon the arrested person and release him or
    24  her to the custody of an adult family member or an unrelated  adult  age
    25  twenty-five or over; or
    26    (iii)  after  making every reasonable effort to locate an adult family
    27  member or an unrelated adult age twenty-five or over, if there is no one
    28  to whom the officer can release the arrested person, the  officer  shall
    29  release  the  arrested  person upon issuance of an appearance ticket and
    30  provide the arrested person with a ride in an official police vehicle to
    31  his or her place of residence, at the request of  the  arrested  person,
    32  without  unnecessary delay. The officer must inform the youth that he or
    33  she may request a ride home; and
    34    (f) If the arrested person is less than nineteen years old, the  offi-
    35  cer  may  take  the  youth,  if it appears that such youth is a sexually
    36  exploited child as defined in paragraph (a), (b), (c) or (d) of subdivi-
    37  sion one of section four hundred forty-seven-a of  the  social  services
    38  law,  to  an  available  short-term  safe  house,  but only if the youth
    39  consents to be taken; and
    40    (g) If the arrested person is at least sixteen years old and less than
    41  nineteen years old and if the arrest is for  an  offense  other  than  a
    42  class  A,  B,  C  or  D felony or a violation of section 130.25, 130.40,
    43  205.10, 205.17, 205.19 or 215.56 of the penal  law,  the  officer  shall
    44  issue  and serve an appearance ticket, as prescribed in subdivision four
    45  of section 150.20 and release him or her from custody, as prescribed  in
    46  paragraph (e) of this subdivision; and
    47    [(e)] (h) Notwithstanding any other provision of this section, where a
    48  local criminal court in the county in which the defendant is arrested is
    49  operating  an  off-hours  arraignment part designated in accordance with
    50  paragraph (w) of subdivision one of section two hundred  twelve  of  the
    51  judiciary law at the time of defendant's arrest, the arrested person may
    52  be brought before such local criminal court.
    53    2.  If  the  arrest  is for an offense other than a class A, B, C or D
    54  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
    55  or  215.56  of  the  penal  law, the arrested person need not be brought

        A. 7062                             4

     1  before a local criminal court as provided in subdivision  one,  and  the
     2  procedure may instead be as follows:
     3    (a) A police officer may issue and serve an appearance ticket upon the
     4  arrested  person and release him from custody, as prescribed in subdivi-
     5  sion two of section 150.20; or
     6    (b) The desk officer in charge at a police  station,  county  jail  or
     7  police headquarters, or any of his superior officers, may, in such place
     8  fix  pre-arraignment  bail and, upon deposit thereof, issue and serve an
     9  appearance ticket upon the arrested person and release him from custody,
    10  as prescribed in section 150.30.
    11    If the arrested person is older than sixteen years old but  less  than
    12  nineteen years old, the officer shall follow the procedure as prescribed
    13  in paragraph (h) of subdivision one of this section.
    14    6.  Upon arresting a juvenile offender or youth as defined in subdivi-
    15  sion one of section 720.10 of this chapter without a warrant, the police
    16  officer shall immediately notify the  parent  or  other  person  legally
    17  responsible  for  his  or  her care or the person with whom he or she is
    18  domiciled, that the juvenile offender or youth has  been  arrested,  and
    19  the  location  of the facility where he is being detained, provided that
    20  the police officer need not notify the parent or  other  person  legally
    21  responsible  for  such youth's care or the person with whom he or she is
    22  domiciled when such youth is  not  also  a  juvenile  offender  and  the
    23  notification  of  a  parent or other person would endanger the health or
    24  safety of such youth, however the police officer must make every reason-
    25  able effort to contact an adult family member or an unrelated adult over
    26  the age of twenty-five as prescribed in paragraph (f) of subdivision one
    27  of this section.
    28    § 4. Section 150.20 of the criminal procedure law is amended by adding
    29  a new subdivision 4 to read as follows:
    30    4. Upon issuing to and serving an  appearance  ticket  as  defined  in
    31  subdivision  one  of  section  150.10  of  this  article upon a youth as
    32  defined in subdivision one of section 720.10 of this chapter, the police
    33  officer shall notify the parent or other person legally responsible  for
    34  his  or  her care or the person with whom he or she is domiciled or some
    35  other adult as provided for in  paragraph  (f)  of  subdivision  one  of
    36  section  140.20 of this chapter, that such youth has been served with an
    37  appearance ticket, the time set forth in such appearance ticket for  the
    38  youth's  appearance  before a criminal court and the offense of which he
    39  or she is charged, provided that the police officer need not notify  the
    40  parent  or other person legally responsible for such youth's care or the
    41  person with whom he or she is domiciled when such youth is  not  also  a
    42  juvenile offender and the notification of a parent or other person would
    43  endanger the health or safety of such youth.
    44    § 5. Subdivisions 1 and 2 of section 447-a of the social services law,
    45  subdivision  1  as  amended  by section 1 of part G of chapter 58 of the
    46  laws of 2010, subdivision 2 as added by chapter 569 of the laws of 2008,
    47  are amended to read as follows:
    48    1. The term "sexually exploited child" means any person under the  age
    49  of  [eighteen]  nineteen  who  has  been  subject to sexual exploitation
    50  because he or she:
    51    (a) is the victim of the  crime  of  sex  trafficking  as  defined  in
    52  section 230.34 of the penal law;
    53    (b) engages in any act as defined in section 230.00 of the penal law;
    54    (c)  is a victim of the crime of compelling prostitution as defined in
    55  section 230.33 of the penal law;

        A. 7062                             5
 
     1    (d) engages in acts  or  conduct  described  in  article  two  hundred
     2  sixty-three or section 240.37 of the penal law.
     3    2. The term "short-term safe house" means a residential facility oper-
     4  ated  by  an  authorized agency as defined in subdivision ten of section
     5  three hundred seventy-one of this article including a residential facil-
     6  ity operating as part of an  approved  runaway  program  as  defined  in
     7  subdivision  four  of section five hundred thirty-two-a of the executive
     8  law or a not-for-profit agency with experience in providing services  to
     9  sexually exploited youth and approved in accordance with the regulations
    10  of  the  office  of children and family services that provides emergency
    11  shelter, services and care  to  sexually  exploited  children  including
    12  food, shelter, clothing, medical care, counseling and appropriate crisis
    13  intervention  services  at  the  time they are taken into custody by law
    14  enforcement and for the duration of any legal proceeding or  proceedings
    15  in  which  they are either the complaining witness or the subject child.
    16  The short-term safe house shall also be available at the point  in  time
    17  that  a  child  under the age of [eighteen] nineteen has first come into
    18  the custody of juvenile  detention  officials,  law  enforcement,  local
    19  jails  or  the local commissioner of social services or is residing with
    20  the local runaway and homeless youth authority.
    21    § 6. This act shall take effect on the first of November next succeed-
    22  ing the date on which it shall have become a law.
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