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
________________________________________________________________________
3545--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
___________
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
COOK, HOOPER, MAGEE -- read once and referred to the Committee on
Children and Families -- recommitted to the Committee on Children and
Families in accordance with Assembly Rule 3, sec. 2 -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08383-02-8
A. 3545--A 2
1 6. Upon arresting a juvenile offender or youth as defined in subdivi-
2 sion one of section 720.10 of this chapter or a person sixteen or
3 commencing October first, two thousand nineteen, seventeen years of age
4 without a warrant, the police officer shall immediately notify the
5 parent or other person legally responsible for his or her care or the
6 person with whom he or she is domiciled, that such offender or person
7 has been arrested, and the location of the facility where he or she is
8 being detained, provided that the police officer need not notify the
9 parent or other person legally responsible for such youth's care or the
10 person with whom he or she is domiciled when such youth is not also a
11 juvenile offender and the notification of a parent or other person would
12 endanger the health or safety of such youth. If the officer determines
13 that it is necessary to question a juvenile offender or such person, the
14 officer must take him or her to a facility designated by the chief
15 administrator of the courts as a suitable place for the questioning of
16 children or, upon the consent of a parent or other person legally
17 responsible for the care of the juvenile or such person, to his or her
18 residence and there question him or her for a reasonable period of time.
19 A juvenile or such person shall not be questioned pursuant to this
20 section unless he or she and a person required to be notified pursuant
21 to this subdivision, if present, have been advised:
22 (a) of the juvenile offender's, youth's or such person's right to
23 remain silent;
24 (b) that the statements made by him or her may be used in a court of
25 law;
26 (c) of his or her right to have an attorney present at such question-
27 ing; and
28 (d) of his or her right to have an attorney provided for him or her
29 without charge if he or she is unable to afford counsel.
30 In determining the suitability of questioning and determining the
31 reasonable period of time for questioning such a juvenile offender or
32 person, his or her age, the presence or absence of his or her parents or
33 other persons legally responsible for his or her care and notification
34 pursuant to this subdivision shall be included among relevant consider-
35 ations.
36 § 4. Section 150.20 of the criminal procedure law is amended by adding
37 a new subdivision 4 to read as follows:
38 4. Upon issuing to and serving an appearance ticket as defined in
39 subdivision one of section 150.10 of this article upon a youth as
40 defined in subdivision one of section 720.10 of this chapter, the police
41 officer shall notify the parent or other person legally responsible for
42 his or her care or the person with whom he or she is domiciled, that
43 such youth has been served with an appearance ticket, the time set forth
44 in such appearance ticket for the youth's appearance before a criminal
45 court and the offense of which he or she is charged, provided that the
46 police officer need not notify the parent or other person legally
47 responsible for such youth's care or the person with whom he or she is
48 domiciled when such youth is not also a juvenile offender and the
49 notification of a parent or other person would endanger the health or
50 safety of such youth.
51 § 5. This act shall take effect on the first of January next succeed-
52 ing the date on which it shall have become a law; provided that if
53 sections 16 and 20 of part WWW of chapter 59 of the laws of 2017 shall
54 not have taken effect on such date, then sections one and two of this
55 act shall take effect on the same date and in the same manner as such
56 sections of part WWW of chapter 59 of the laws of 2017 take effect.
