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.
STATE OF NEW YORK
________________________________________________________________________
3903
2025-2026 Regular Sessions
IN SENATE
January 30, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed 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. Short title. This act shall be known and may be cited as
2 the "chance to 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] such juvenile offender, adolescent offen-
10 der or youth's care or the person with whom [he] such juvenile offender,
11 adolescent offender or youth is domiciled, that the juvenile offender or
12 adolescent offender or youth has been arrested, and the location of the
13 facility where [he] such juvenile offender, adolescent offender or youth
14 is being detained, provided that the police officer need not notify the
15 parent or other person legally responsible for such youth's care or the
16 person with whom such youth is domiciled when such youth is not also a
17 juvenile offender and the notification of a parent or other person would
18 endanger the health or safety of such youth.
19 § 3. Subdivision 6 of section 140.20 of the criminal procedure law, as
20 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is
21 amended to read as follows:
22 6. Upon arresting a juvenile offender or youth as defined in subdivi-
23 sion one of section 720.10 of this chapter or a person sixteen or
24 commencing October first, two thousand nineteen, seventeen years of age
25 without a warrant, the police officer shall immediately notify the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07222-01-5
S. 3903 2
1 parent or other person legally responsible for [his or her] such juve-
2 nile offender or youth's care or the person with whom [he or she] such
3 juvenile offender or youth is domiciled, that such offender or person
4 has been arrested, and the location of the facility where [he or she]
5 such juvenile offender or youth is being detained, provided that the
6 police officer need not notify the parent or other person legally
7 responsible for such youth's care or the person with whom such youth is
8 domiciled when such youth is not also a juvenile offender and the
9 notification of a parent or other person would endanger the health or
10 safety of such youth. If the officer determines that it is necessary to
11 question a juvenile offender or such person, the officer must take [him
12 or her] such juvenile offender or such person to a facility designated
13 by the chief administrator of the courts as a suitable place for the
14 questioning of children or, upon the consent of a parent or other person
15 legally responsible for the care of the juvenile or such person, to [his
16 or her] such juvenile or person's residence and there question [him or
17 her] such juvenile or person for a reasonable period of time. A juvenile
18 or such person shall not be questioned pursuant to this section unless
19 [he or she] such juvenile or such person and a person required to be
20 notified pursuant to this subdivision, if present, have been advised:
21 (a) of the juvenile offender's, youth's or such person's right to
22 remain silent;
23 (b) that the statements made by [him or her] such juvenile offender,
24 youth or such person may be used in a court of law;
25 (c) of [his or her] such juvenile offender, youth or such person's
26 right to have an attorney present at such questioning; and
27 (d) of [his or her] such juvenile offender, youth or such person's
28 right to have an attorney provided for [him or her] such juvenile offen-
29 der, youth or such person without charge if [he or she] such juvenile
30 offender, youth or such person is unable to afford counsel.
31 In determining the suitability of questioning and determining the
32 reasonable period of time for questioning such a juvenile offender or
33 person, [his or her] such juvenile offender or person's age, the pres-
34 ence or absence of [his or her] such juvenile offender or person's
35 parents or other persons legally responsible for [his or her] such juve-
36 nile offender or person's care and notification pursuant to this subdi-
37 vision shall be included among relevant considerations.
38 § 4. Section 150.20 of the criminal procedure law is amended by adding
39 a new subdivision 4 to read as follows:
40 4. Upon issuing to and serving an appearance ticket as defined in
41 subdivision one of section 150.10 of this article upon a youth as
42 defined in subdivision one of section 720.10 of this chapter, the police
43 officer shall notify the parent or other person legally responsible for
44 such youth's care or the person with whom such youth is domiciled, that
45 such youth has been served with an appearance ticket, the time set forth
46 in such appearance ticket for the youth's appearance before a criminal
47 court and the offense of which such youth is charged, provided that the
48 police officer need not notify the parent or other person legally
49 responsible for such youth's care or the person with whom such youth is
50 domiciled when such youth is not also a juvenile offender and the
51 notification of a parent or other person would endanger the health or
52 safety of such youth.
53 § 5. This act shall take effect on the first of January next succeed-
54 ing the date on which it shall have become a law.
