NY State Senate Bill 2009-S2726

Senate Bill S2726

2009-2010 Legislative Session

Requires a police officer upon the arresting of a youth or upon the issuing of an appearance ticket to notify the parent or person legally responsible for such youth

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2010	print number 2726a
May 21, 2010	amend (t) and recommit to codes
Jan 06, 2010	referred to codes
Feb 27, 2009	referred to codes

Bill Amendments

Original

A (Active)

2009-S2726 - Details

See Assembly Version of this Bill:: A4616
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§120.90, 140.20 & 150.20, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3202, A4408
2013-2014: A5543
2015-2016: A6490
2017-2018: A3545
2019-2020: A3159
2021-2022: A1635
2023-2024: A6475

2009-S2726 - Summary

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.

2009-S2726 - Sponsor Memo

                                 BILL NUMBER:  S2726

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to
establishing the Second Chance Act


 PURPOSE :

To require a police officer to notify the parent or person legally
responsible for a youth upon the arrest of the youth.

 SUMMARY OF PROVISIONS :

Subdivision 7 of section 120.90 of the criminal procedure law is
amended by requiring that upon arrest of a youth, police officers
shall notify said youth's parents, legal custodians or person with
whom he or she is domiciled of such arrest and location of detainment
provided said youth is not also a juvenile offender and notification
would not endanger said youth.

Subdivision 6 of section 140.20 of the criminal procedure law is
amended by requiring that upon arrest of a youth, without a warrant,
police officers shall notify said youth's parents, legal custodians or
person with whom he or she is domiciled of such arrest and location of

detainment provided said youth is not also a juvenile offender and
notification would not endanger said youth. Section 150.20 of the
criminal procedure law is amended by adding a new subdivision 4 which
requires that upon issuance and service of an appearance ticket upon a
youth, police officers shall notify said youth's parents, legal
custodians or person with whom he or she is domiciled that service of
process has been made, the time of appearance and the offense charged,
provided said youth is not also a juvenile offender and notification
would not endanger said youth.

 JUSTIFICATION :

Subdivision 6 of section 140.20 of the criminal procedure law is
amended by requiring that upon arrest of a youth, without a warrant,
police officers shall notify said youth's parents, legal custodians or
person with whom he or she is domiciled of such arrest and location of
detainment provided said youth is not also a juvenile offender and
notification would not endanger said youth. Section 150.20 of the
criminal procedure law is amended by adding a new subdivision 4 which
requires that upon issuance and service of an appearance ticket upon a
youth, police officers shall notify said youth's parents, legal
custodians or person with whom he or she is domiciled that service of
process has been made, the time of appearance and the offense charged,
provided said youth is not also a juvenile offender and notification
would not endanger said youth.

 LEGISLATIVE HISTORY :

S.2111, 2007-08; S.6392, 2005-06; S.2311-B, 2003-04; S.6846, 2001-02.

 FISCAL IMPLICATIONS :

Minimal. The notifying agency will incur costs for notices and
postage.

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

2009-S2726 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2726

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 27, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- 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 Second Chance Act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "second
chance act".
  S 2. Subdivision 7 of section 120.90 of the criminal procedure law, as
amended  by  chapter  424  of  the  laws  of 1998, is amended to read as
follows:
  7.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 720.10 OF THIS CHAPTER,  the  police  officer  shall
immediately  notify  the  parent or other person legally responsible for
his OR HER care or the person with whom he OR SHE is domiciled, that the
juvenile offender OR YOUTH has been arrested, and the  location  of  the
facility  where  he  OR  SHE is being detained, PROVIDED THAT THE POLICE
OFFICER NEED NOT NOTIFY THE PARENT OR OTHER PERSON  LEGALLY  RESPONSIBLE
FOR  SUCH  YOUTH'S  CARE  OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED
WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE NOTIFICATION  OF
A  PARENT  OR  OTHER  PERSON WOULD ENDANGER THE HEALTH OR SAFETY OF SUCH
YOUTH.
  S 3. Subdivision 6 of section 140.20 of the criminal procedure law, as
added by chapter 411 of the laws of 1979, is amended to read as follows:
  6.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 720.10 OF THIS CHAPTER without a warrant, the police
officer shall immediately notify the  parent  or  other  person  legally
responsible  for  his  OR  HER care or the person with whom he OR SHE is
domiciled, that the juvenile offender OR YOUTH has  been  arrested,  and
the location of the facility where he OR SHE is being detained, PROVIDED
THAT  THE  POLICE  OFFICER  NEED  NOT  NOTIFY THE PARENT OR OTHER PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02111-01-9

S. 2726                             2

LEGALLY RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE  OR
SHE IS DOMICILED WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE
NOTIFICATION  OF  A  PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR
SAFETY OF SUCH YOUTH.
  S 4. Section 150.20 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4.  UPON  ISSUING  TO  AND  SERVING AN APPEARANCE TICKET AS DEFINED IN
SUBDIVISION ONE OF SECTION 150.10  OF  THIS  ARTICLE  UPON  A  YOUTH  AS
DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, THE POLICE
OFFICER  SHALL NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR
HIS OR HER CARE OR THE PERSON WITH WHOM HE OR  SHE  IS  DOMICILED,  THAT
SUCH YOUTH HAS BEEN SERVED WITH AN APPEARANCE TICKET, THE TIME SET FORTH
IN  SUCH  APPEARANCE TICKET FOR THE YOUTH'S APPEARANCE BEFORE A CRIMINAL
COURT AND THE OFFENSE OF WHICH HE OR SHE IS CHARGED, PROVIDED  THAT  THE
POLICE  OFFICER  NEED  NOT  NOTIFY  THE  PARENT  OR OTHER PERSON LEGALLY
RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR  SHE  IS
DOMICILED  WHEN  SUCH  YOUTH  IS  NOT  ALSO  A JUVENILE OFFENDER AND THE
NOTIFICATION OF A PARENT OR OTHER PERSON WOULD ENDANGER  THE  HEALTH  OR
SAFETY OF SUCH YOUTH.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2009-S2726A (ACTIVE) - Details

See Assembly Version of this Bill:: A4616
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§120.90, 140.20 & 150.20, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3202, A4408
2013-2014: A5543
2015-2016: A6490
2017-2018: A3545
2019-2020: A3159
2021-2022: A1635
2023-2024: A6475

2009-S2726A (ACTIVE) - Summary

2009-S2726A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2726A

 TITLE OF BILL :
An act to amend the criminal procedure law, in relation to
establishing the Chance to Help Notification Act


 PURPOSE :
To require a police officer to notify the parent or person legally
responsible for a youth upon the arrest of the youth.

 SUMMARY OF PROVISIONS :
Subdivision 7 of section 120.90 of the criminal procedure law is
amended by requiring that upon arrest of a youth, police officers
shall notify said youth's parents, legal custodians or person with
whom he or she is domiciled of such arrest and location of detainment
provided said youth is not also a juvenile offender and notification
would not endanger said youth.

Subdivision 6 of section 140.20 of the criminal procedure law is
amended by requiring that upon arrest of a youth, without a warrant,
police officers shall notify said youth's parents, legal custodians or
person with whom he or she is domiciled of such arrest and location of
detainment provided said youth is not also a juvenile offender and
notification would not endanger said youth. Section 150.20 of the
criminal procedure law is amended by adding a new subdivision 4 which

requires that upon issuance and service of an appearance ticket upon a
youth, police officers shall notify said youth's parents, legal
custodians or person with whom he or she is domiciled that service of
process has been made, the time of appearance and the offense charged,
provided said youth is not also a juvenile offender and notification
would not endanger said youth.

 JUSTIFICATION :
Subdivision 6 of section 140.20 of the criminal procedure law is
amended by requiring that upon arrest of a youth, without a warrant,
police officers shall notify said youth's parents, legal custodians or
person with whom he or she is domiciled of such arrest and location of
detainment provided said youth is not also a juvenile offender and
notification would not endanger youth.  Section 150.20 of the criminal
procedure law is amended by adding a new subdivision 4 which requires
that upon issuance and service of an appearance ticket upon a youth,
police officers shall notify said youth's parents, legal custodians or
person with whom he or she is domiciled that service of process has
been made, the time of appearance and the offense charged, provided
said youth is not also a juvenile offender and notification would not
endanger said youth.

 LEGISLATIVE HISTORY :
2007-2008:  S.2111
2005-2006:  S.6392
2003-2004:  S.2311B
2001-2002:  S.6846

 FISCAL IMPLICATIONS :
Minimal. The notifying agency will incur costs for notices and postage.

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

2009-S2726A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2726--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 27, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- 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 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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:

  Section  1. This act shall be known and may be cited as the "chance to
help notification act".
  S 2. Subdivision 7 of section 120.90 of the criminal procedure law, as
amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
follows:
  7.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
SION  ONE  OF  SECTION  720.10 OF THIS CHAPTER, the police officer shall
immediately notify the parent or other person  legally  responsible  for
his OR HER care or the person with whom he OR SHE is domiciled, that the
juvenile  offender  OR  YOUTH has been arrested, and the location of the
facility where he OR SHE is being detained,  PROVIDED  THAT  THE  POLICE
OFFICER  NEED  NOT NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE
FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE  OR  SHE  IS  DOMICILED
WHEN  SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE NOTIFICATION OF
A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH  OR  SAFETY  OF  SUCH
YOUTH.
  S 3. Subdivision 6 of section 140.20 of the criminal procedure law, as
added by chapter 411 of the laws of 1979, is amended to read as follows:
  6.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 720.10 OF THIS CHAPTER without a warrant, the police
officer  shall  immediately  notify  the  parent or other person legally
responsible for his OR HER care or the person with whom  he  OR  SHE  is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02111-04-0

S. 2726--A                          2

domiciled,  that  the  juvenile offender OR YOUTH has been arrested, and
the location of the facility where he OR SHE is being detained, PROVIDED
THAT THE POLICE OFFICER NEED NOT  NOTIFY  THE  PARENT  OR  OTHER  PERSON
LEGALLY  RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR
SHE IS DOMICILED WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE
NOTIFICATION OF A PARENT OR OTHER PERSON WOULD ENDANGER  THE  HEALTH  OR
SAFETY OF SUCH YOUTH.
  S 4. Section 150.20 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4.  UPON  ISSUING  TO  AND  SERVING AN APPEARANCE TICKET AS DEFINED IN
SUBDIVISION ONE OF SECTION 150.10  OF  THIS  ARTICLE  UPON  A  YOUTH  AS
DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, THE POLICE
OFFICER  SHALL NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR
HIS OR HER CARE OR THE PERSON WITH WHOM HE OR  SHE  IS  DOMICILED,  THAT
SUCH YOUTH HAS BEEN SERVED WITH AN APPEARANCE TICKET, THE TIME SET FORTH
IN  SUCH  APPEARANCE TICKET FOR THE YOUTH'S APPEARANCE BEFORE A CRIMINAL
COURT AND THE OFFENSE OF WHICH HE OR SHE IS CHARGED, PROVIDED  THAT  THE
POLICE  OFFICER  NEED  NOT  NOTIFY  THE  PARENT  OR OTHER PERSON LEGALLY
RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR  SHE  IS
DOMICILED  WHEN  SUCH  YOUTH  IS  NOT  ALSO  A JUVENILE OFFENDER AND THE
NOTIFICATION OF A PARENT OR OTHER PERSON WOULD ENDANGER  THE  HEALTH  OR
SAFETY OF SUCH YOUTH.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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