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

                                  7115

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law and the social services  law,
  in relation to establishing the Family Notification and Protection 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  "family
notification and protection 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. (A) Upon arresting a juvenile  offender  OR  YOUTH  AS  DEFINED  IN
SUBDIVISION  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.
  (B)(I) AFTER MAKING EVERY REASONABLE EFFORT  TO  GIVE  NOTICE  TO  THE
PARENT,  OR  OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE OR THE
PERSON WITH WHOM HE OR SHE IS DOMICILED, THE  OFFICER  SHALL  ISSUE  AND
SERVE  AN  APPEARANCE TICKET UPON THE ARRESTED PERSON AND RELEASE HIM OR
HER TO THE CUSTODY OF AN ADULT FAMILY MEMBER OR AN UNRELATED  ADULT  AGE
TWENTY-FIVE OR OVER; OR
  (II)  AFTER  MAKING  EVERY REASONABLE EFFORT TO LOCATE AN ADULT FAMILY
MEMBER OR AN UNRELATED ADULT AGE TWENTY-FIVE OR OVER, IF THERE IS NO ONE
TO WHOM THE OFFICER CAN RELEASE THE ARRESTED PERSON, THE  OFFICER  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00053-05-3
              

A. 7115                             2

RELEASE  THE  ARRESTED  PERSON UPON ISSUANCE OF AN APPEARANCE TICKET AND
PROVIDE THE ARRESTED PERSON WITH A RIDE IN AN OFFICIAL POLICE VEHICLE TO
HIS OR HER PLACE OF RESIDENCE, AT THE REQUEST OF  THE  ARRESTED  PERSON,
WITHOUT  UNNECESSARY DELAY. THE OFFICER MUST INFORM THE YOUTH THAT HE OR
SHE MAY REQUEST A RIDE HOME; OR
  (III) IF THE ARRESTED PERSON IS LESS  THAN  NINETEEN  YEARS  OLD,  THE
OFFICER  MAY TAKE THE YOUTH, IF IT APPEARS THAT SUCH YOUTH IS A SEXUALLY
EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (B), (C) OR (D) OF SUBDIVI-
SION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF  THE  SOCIAL  SERVICES
LAW,  TO  AN  AVAILABLE  SHORT-TERM  SAFE  HOUSE,  BUT ONLY IF THE YOUTH
CONSENTS TO BE TAKEN.
  S 3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal  proce-
dure  law,  subdivision 1 as amended by chapter 549 of the laws of 1987,
paragraphs (a) and (b) of subdivision 1 as amended by chapter 324 of the
laws of 1988, paragraph (c) of subdivision 1 as  separately  amended  by
chapter 382 of the laws of 1987, subdivision 2 as amended by chapter 550
of  the  laws  of  1987 and subdivision 6 as added by chapter 411 of the
laws of 1979, are amended to read as follows:
  1. Upon arresting a person without a warrant, a police officer,  after
performing  without  unnecessary delay all recording, fingerprinting and
other preliminary police duties required in the  particular  case,  must
except  as otherwise provided in this section, without unnecessary delay
bring the arrested person or cause him to  be  brought  before  a  local
criminal  court  and file therewith an appropriate accusatory instrument
charging him with the offense or  offenses  in  question.  The  arrested
person must be brought to the particular local criminal court, or to one
of  them  if  there be more than one, designated in section 100.55 as an
appropriate court for commencement  of  the  particular  action;  except
that:
  (a)  If  the  arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
or  215.56  of  the  penal law committed in a town, but not in a village
thereof having a village court, and the town court of such town  is  not
available  at  the  time,  the arrested person may be brought before the
local criminal court of any village within such town or,  any  adjoining
town,  village  embraced  in whole or in part by such adjoining town, or
city of the same county; and
  (b) If the arrest is for an offense other than a class A, B,  C  or  D
felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law committed in a village having a village court
and such court is not available at the time, the arrested person may  be
brought  before the town court of the town embracing such village or any
other village court within such town, or, if such town or village  court
is  not available either, before the local criminal court of any adjoin-
ing town, village embraced in whole or in part by such  adjoining  town,
or city of the same county; and
  (c)  If the arrest is for an offense committed in a city, and the city
court thereof is not available at the time, the arrested person  may  be
brought  before  the  local  criminal  court  of  any  adjoining town or
village, or village court embraced by an adjoining town, within the same
county as such city; and
  (d) If the arrest is for a traffic infraction  or  for  a  misdemeanor
relating  to  traffic,  the  police officer may, instead of bringing the
arrested person before the local criminal court of the political  subdi-
vision  or  locality in which the offense was allegedly committed, bring

A. 7115                             3

him before the local criminal court of the same county nearest available
by highway travel to the point of arrest; AND
  (E) IF THE ARRESTED PERSON IS AT LEAST SIXTEEN YEARS OLD AND LESS THAN
NINETEEN  YEARS  OLD, AND IF THE ARREST IS FOR A NON-VIOLENT CLASS B, C,
OR D FELONY (EXCEPT 125.12, 263.05, 263.10, 263.15, 263.30,  OR  470.23)
OR  A  VIOLATION  OF  SECTION  130.25, 130.40, 205.10, 205.17, 205.19 OR
215.56 OF THE PENAL LAW, AND THE LOCAL CRIMINAL COURT IS NOT AVAILABLE:
  (I) THE OFFICER SHALL RELEASE THE ARRESTED PERSON TO  THE  CUSTODY  OF
HIS  OR  HER PARENTS, OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER
CARE, OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED UPON  THE  ISSUANCE
OF  AN  APPEARANCE  TICKET PROVIDED THAT THE OFFICER NEED NOT NOTIFY THE
PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  THE  ARRESTED  PERSON'S
CARE  OR  THE PERSON WITH WHOM HE OR SHE IS DOMICILED WHEN THE NOTIFICA-
TION OF A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR SAFETY  OF
THE ARRESTED PERSON; OR
  (II)  AFTER  MAKING  EVERY  REASONABLE  EFFORT  TO  GIVE NOTICE TO THE
PARENT, OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE  OR  THE
PERSON  WITH  WHOM  HE  OR SHE IS DOMICILED, THE OFFICER SHALL ISSUE AND
SERVE AN APPEARANCE TICKET UPON THE ARRESTED PERSON AND RELEASE  HIM  OR
HER  TO  THE CUSTODY OF AN ADULT FAMILY MEMBER OR AN UNRELATED ADULT AGE
TWENTY-FIVE OR OVER; OR
  (III) AFTER MAKING EVERY REASONABLE EFFORT TO LOCATE AN  ADULT  FAMILY
MEMBER OR AN UNRELATED ADULT AGE TWENTY-FIVE OR OVER, IF THERE IS NO ONE
TO  WHOM  THE OFFICER CAN RELEASE THE ARRESTED PERSON, THE OFFICER SHALL
RELEASE THE ARRESTED PERSON UPON ISSUANCE OF AN  APPEARANCE  TICKET  AND
PROVIDE THE ARRESTED PERSON WITH A RIDE IN AN OFFICIAL POLICE VEHICLE TO
HIS  OR  HER  PLACE OF RESIDENCE, AT THE REQUEST OF THE ARRESTED PERSON,
WITHOUT UNNECESSARY DELAY. THE OFFICER MUST INFORM THE YOUTH THAT HE  OR
SHE MAY REQUEST A RIDE HOME; AND
  (F)  IF THE ARRESTED PERSON IS LESS THAN NINETEEN YEARS OLD, THE OFFI-
CER MAY TAKE THE YOUTH, IF IT APPEARS THAT  SUCH  YOUTH  IS  A  SEXUALLY
EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (B), (C) OR (D) OF SUBDIVI-
SION  ONE  OF  SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES
LAW, TO AN AVAILABLE SHORT-TERM  SAFE  HOUSE,  BUT  ONLY  IF  THE  YOUTH
CONSENTS TO BE TAKEN.
  (G) IF THE ARRESTED PERSON IS AT LEAST SIXTEEN YEARS OLD AND LESS THAN
NINETEEN  YEARS  OLD  AND  IF  THE ARREST IS FOR AN OFFENSE OTHER THAN A
CLASS A, B, C OR D FELONY OR A  VIOLATION  OF  SECTION  130.25,  130.40,
205.10,  205.17,  205.19  OR  215.56 OF THE PENAL LAW, THE OFFICER SHALL
ISSUE AND SERVE AN APPEARANCE TICKET, AS PRESCRIBED IN SUBDIVISION  FOUR
OF  SECTION 150.20 AND RELEASE HIM OR HER FROM CUSTODY, AS PRESCRIBED IN
PARAGRAPH (E) OF THIS SUBDIVISION.
  2. If the arrest is for an offense other than a class A,  B,  C  or  D
felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law, the arrested  person  need  not  be  brought
before  a  local  criminal court as provided in subdivision one, and the
procedure may instead be as follows:
  (a) A police officer may issue and serve an appearance ticket upon the
arrested person and release him from custody, as prescribed in  subdivi-
sion two of section 150.20; or
  (b)  The  desk  officer  in charge at a police station, county jail or
police headquarters, or any of his superior officers, may, in such place
fix pre-arraignment bail and, upon deposit thereof, issue and  serve  an
appearance ticket upon the arrested person and release him from custody,
as prescribed in section 150.30.

A. 7115                             4

  IF  THE  ARRESTED PERSON IS OLDER THAN SIXTEEN YEARS OLD BUT LESS THAN
NINETEEN YEARS OLD, THE OFFICER SHALL FOLLOW THE PROCEDURE AS PRESCRIBED
IN PARAGRAPH (G) OF SUBDIVISION ONE OF THIS SECTION.
  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 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, HOWEVER THE POLICE OFFICER MUST MAKE EVERY REASON-
ABLE EFFORT TO CONTACT AN ADULT FAMILY MEMBER OR AN UNRELATED ADULT OVER
THE AGE OF TWENTY-FIVE AS PRESCRIBED IN PARAGRAPH (E) OF SUBDIVISION ONE
OF THIS SECTION.
  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 OR SOME
OTHER ADULT AS PROVIDED FOR IN  PARAGRAPH  (E)  OF  SUBDIVISION  ONE  OF
SECTION  140.20 OF THIS CHAPTER, 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. Subdivisions 1 and 2 of section 447-a of the social services law,
subdivision  1  as  amended  by section 1 of part G of chapter 58 of the
laws of 2010, subdivision 2 as added by chapter 569 of the laws of 2008,
are amended to read as follows:
  1. The term "sexually exploited child" means any person under the  age
of  [eighteen]  NINETEEN  who  has  been  subject to sexual exploitation
because he or she:
  (a) is the victim of the  crime  of  sex  trafficking  as  defined  in
section 230.34 of the penal law;
  (b) engages in any act as defined in section 230.00 of the penal law;
  (c)  is a victim of the crime of compelling prostitution as defined in
section 230.33 of the penal law;
  (d) engages in acts  or  conduct  described  in  article  two  hundred
sixty-three or section 240.37 of the penal law.
  2. The term "short-term safe house" means a residential facility oper-
ated  by  an  authorized agency as defined in subdivision ten of section
three hundred seventy-one of this article including a residential facil-
ity operating as part of an  approved  runaway  program  as  defined  in
subdivision  four  of section five hundred thirty-two-a of the executive
law or a not-for-profit agency with experience in providing services  to
sexually exploited youth and approved in accordance with the regulations
of  the  office  of children and family services that provides emergency
shelter, services and care  to  sexually  exploited  children  including

A. 7115                             5

food, shelter, clothing, medical care, counseling and appropriate crisis
intervention  services  at  the  time they are taken into custody by law
enforcement and for the duration of any legal proceeding or  proceedings
in  which  they are either the complaining witness or the subject child.
The short-term safe house shall also be available at the point  in  time
that  a  child  under the age of [eighteen] NINETEEN has first come into
the custody of juvenile  detention  officials,  law  enforcement,  local
jails  or  the local commissioner of social services or is residing with
the local runaway and homeless youth authority.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.