Relates to the issuance of arrest warrants upon a youth; provides for the police officer to make a reasonable effort to notify the parent or other person legally responsible for the care of such youth or with whom the youth is domiciled that the youth has been arrested; provides 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.
STATE OF NEW YORK
________________________________________________________________________
2754--A
2023-2024 Regular Sessions
IN SENATE
January 24, 2023
___________
Introduced by Sens. BAILEY, ADDABBO, GOUNARDES, JACKSON, KRUEGER, MYRIE,
RAMOS -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes -- recommitted to the Committee on
Codes in accordance with Senate Rule 6, sec. 8 -- reported favorably
from said committee and committed to the Committee on Finance --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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
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 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
7 youth as defined in subdivision one of section 720.10 of this chapter,
8 the police officer shall immediately notify the parent or other person
9 legally responsible for [his] their care or the person with whom [he is]
10 they are domiciled, that the juvenile offender [or], adolescent
11 offender, or youth has been arrested, and the location of the facility
12 where [he is] they are being detained, provided that the police officer
13 need not notify the parent or other person legally responsible for such
14 youth's care or the person with whom they are domiciled when such youth
15 is not also a juvenile offender and the notification of a parent or
16 other person would endanger the health or safety of such youth.
17 § 3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal proce-
18 dure law, subdivision 1 as amended by chapter 549 of the laws of 1987,
19 paragraphs (a) and (b) of subdivision 1 as amended by chapter 23 of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01155-02-4
S. 2754--A 2
1 laws of 2024, paragraph (c) of subdivision 1 as separately amended by
2 chapter 382 of the laws of 1987, paragraph (d) of subdivision 1 as
3 amended and paragraph (e) as added by chapter 492 of the laws of 2016,
4 subdivision 2 as amended by section 3 of subpart B of part VV of chapter
5 56 of the laws of 2023, the opening paragraph of subdivision 2 as sepa-
6 rately amended by chapter 23 of the laws of 2024, and subdivision 6 as
7 amended by section 20 of part WWW of chapter 59 of the laws of 2017, are
8 amended to read as follows:
9 1. Upon arresting a person without a warrant, a police officer, after
10 performing without unnecessary delay all recording, fingerprinting and
11 other preliminary police duties required in the particular case, must
12 except as otherwise provided in this section, without unnecessary delay
13 bring the arrested person or cause [him] the arrested person to be
14 brought before a local criminal court and file therewith an appropriate
15 accusatory instrument charging [him] them with the offense or offenses
16 in question. The arrested person must be brought to the particular local
17 criminal court, or to one of them if there be more than one, designated
18 in section 100.55 of this title as an appropriate court for commencement
19 of the particular action; except that:
20 (a) If the arrest is for an offense other than a class A, B, C or D
21 felony or a violation of section 130.25, former section 130.40, section
22 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a town,
23 but not in a village thereof having a village court, and the town court
24 of such town is not available at the time, the arrested person may be
25 brought before the local criminal court of any village within such town
26 or, any adjoining town, village embraced in whole or in part by such
27 adjoining town, or city of the same county; and
28 (b) If the arrest is for an offense other than a class A, B, C or D
29 felony or a violation of section 130.25, former section 130.40, section
30 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village
31 having a village court and such court is not available at the time, the
32 arrested person may be brought before the town court of the town embrac-
33 ing such village or any other village court within such town, or, if
34 such town or village court is not available either, before the local
35 criminal court of any adjoining town, village embraced in whole or in
36 part by such adjoining town, or city of the same county; and
37 (c) If the arrest is for an offense committed in a city, and the city
38 court thereof is not available at the time, the arrested person may be
39 brought before the local criminal court of any adjoining town or
40 village, or village court embraced by an adjoining town, within the same
41 county as such city; and
42 (d) If the arrest is for a traffic infraction or for a misdemeanor
43 relating to traffic, the police officer may, instead of bringing the
44 arrested person before the local criminal court of the political subdi-
45 vision or locality in which the offense was allegedly committed, bring
46 [him or her] them before the local criminal court of the same county
47 nearest available by highway travel to the point of arrest; and
48 (e) If the arrested person is at least sixteen years old and less than
49 nineteen years old, and if the arrest is for a non-violent class B, C,
50 or D felony (except 125.12, 263.05, 263.10, 263.15, 263.30, or 470.23)
51 or a violation of section 130.25, former section 130.40, 205.10, 205.17,
52 205.19 or 215.56 of the penal law, and the local criminal court is not
53 available the officer shall make every reasonable effort to give notice
54 to the parent, or other person legally responsible for their care or the
55 person with whom they are domiciled; or
S. 2754--A 3
1 (f) Notwithstanding any other provision of this section, where a local
2 criminal court in the county in which the defendant is arrested is oper-
3 ating an off-hours arraignment part designated in accordance with para-
4 graph (w) of subdivision one of section two hundred twelve of the judi-
5 ciary law at the time of defendant's arrest, the arrested person may be
6 brought before such local criminal court.
7 2. If the arrest is for an offense other than a class A, B, C or D
8 felony or a violation of section 130.25, former section 130.40, section
9 205.10, 205.17, 205.19 or 215.56 of the penal law, or other than where
10 an arrest is required to be made pursuant to subdivision four of section
11 140.10 of this article, the arrested person need not be brought before a
12 local criminal court as provided in subdivision one of this section, and
13 the procedure may instead be as follows:
14 (a) A police officer may issue and serve an appearance ticket upon the
15 arrested person and release [him] them from custody, as prescribed in
16 subdivision two of section 150.20 of this title; or
17 (b) The desk officer in charge at a police station, county jail or
18 police headquarters, or any of [his] their superior officers, may, in
19 such place fix pre-arraignment bail and, upon deposit thereof, issue and
20 serve an appearance ticket upon the arrested person and release [him]
21 them from custody.
22 If the arrested person is older than sixteen years old but less than
23 nineteen years old, the officer shall follow the procedure as prescribed
24 in paragraph (f) of subdivision one of this section.
25 6. Upon arresting a juvenile offender [or], a person sixteen or
26 commencing October first, two thousand nineteen, seventeen years of age,
27 or youth as defined in subdivision one of section 720.10 of this chapter
28 without a warrant, the police officer shall immediately notify the
29 parent or other person legally responsible for [his or her] their care
30 or the person with whom [he or she is] they are domiciled, that such
31 offender or person has been arrested, and the location of the facility
32 where [he or she is] they are being detained, provided that the police
33 officer need not notify the parent or other person legally responsible
34 for such youth's care or the person with whom they are domiciled when
35 such youth is not also a juvenile offender and the notification of a
36 parent or other person would endanger the health or safety of such
37 youth, however the police officer must make every reasonable effort to
38 contact an adult family member or an unrelated adult over the age of
39 twenty-five. If the officer determines that it is necessary to question
40 a juvenile offender, youth, or such person, the officer must take [him
41 or her] them to a facility designated by the chief administrator of the
42 courts as a suitable place for the questioning of children or, upon the
43 consent of a parent or other person legally responsible for the care of
44 the juvenile offender, youth or such person, to [his or her] their resi-
45 dence and there question [him or her] such juvenile offender, youth, or
46 such person for a reasonable period of time. A juvenile offender, youth,
47 or such person shall not be questioned pursuant to this section unless
48 [he or she] they and a person required to be notified pursuant to this
49 subdivision, if present, have been advised:
50 (a) of the juvenile offender's, youth's, or such person's right to
51 remain silent;
52 (b) that the statements made by [him or her] such juvenile offender,
53 youth, or such person may be used in a court of law;
54 (c) of [his or her] such juvenile offender's, youth's, or such
55 person's right to have an attorney present at such questioning; and
S. 2754--A 4
1 (d) of [his or her] such juvenile offender's, youth's, or such
2 person's right to have an attorney provided for [him or her] such juve-
3 nile offender, youth, or such person without charge if [he or she] such
4 juvenile offender, youth, or such person is unable to afford counsel.
5 In determining the suitability of questioning and determining the
6 reasonable period of time for questioning such a juvenile offender,
7 youth, or person, [his or her] such juvenile offender's, youth's, or
8 such person's age, the presence or absence of [his or her] such juvenile
9 offender's, youth's, or such person's parents or other persons legally
10 responsible for [his or her] such juvenile offender's, youth's, or such
11 person's care and notification pursuant to this subdivision shall be
12 included among relevant considerations.
13 § 4. Subdivisions 1 and 2 of section 447-a of the social services law,
14 subdivision 1 as amended by chapter 189 of the laws of 2018, paragraphs
15 (c) and (d) of subdivision 1 as amended by chapter 23 of the laws of
16 2021, and subdivision 2 as amended by section 8 of part M of chapter 56
17 of the laws of 2017, are amended to read as follows:
18 1. The term "sexually exploited child" means any person under the age
19 of [eighteen] nineteen who has been subject to sexual exploitation
20 because [he or she] they:
21 (a) [is] are the victim of the crime of sex trafficking as defined in
22 section 230.34 of the penal law or the crime of sex trafficking of a
23 child as defined in section 230.34-a of the penal law;
24 (b) [engages] engage in any act as defined in section 230.00 of the
25 penal law;
26 (c) [is] are a victim of the crime of compelling prostitution as
27 defined in section 230.33 of the penal law; or
28 (d) [engages] engage in acts or conduct described in article two
29 hundred sixty-three of the penal law.
30 2. The term "short-term safe house" means a residential facility oper-
31 ated by an authorized agency as defined in subdivision ten of section
32 three hundred seventy-one of this article including a residential facil-
33 ity operating as part of a runaway and homeless youth crisis services
34 program as defined in subdivision four of section five hundred thirty-
35 two-a of the executive law or a not-for-profit agency with experience in
36 providing services to sexually exploited youth and approved in accord-
37 ance with the regulations of the office of children and family services
38 that provides emergency shelter, services and care to sexually exploited
39 children including food, shelter, clothing, medical care, counseling and
40 appropriate crisis intervention services at the time they are taken into
41 custody by law enforcement and for the duration of any legal proceeding
42 or proceedings in which they are either the complaining witness or the
43 subject child. The short-term safe house shall also be available at the
44 point in time that a child under the age of [eighteen] nineteen has
45 first come into the custody of juvenile detention officials, law
46 enforcement, local jails or the local commissioner of social services or
47 is residing with the local runaway and homeless youth authority.
48 § 5. This act shall take effect on the first of November next succeed-
49 ing the date on which it shall have become a law; provided, however,
50 that if chapter 23 of the laws of 2024 shall not have taken effect on or
51 before such date then the amendments to paragraphs (a) and (b) of subdi-
52 vision 1 and the opening paragraph of subdivision 2 of section 140.20 of
53 the criminal procedure law as amended by section three of this act shall
54 take effect on the same date and in the same manner as such chapter of
55 the laws of 2024 takes effect.
