Senate Bill S1325

2015-2016 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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2015-S1325 (ACTIVE) - Details

See Assembly Version of this Bill:
A6484
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.90, 140.20 & 150.20, CP L; amd §447-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3568, A7115
2017-2018: S5154, A7062
2019-2020: S733, A8801
2021-2022: S4054, A7497
2023-2024: S2754, A1063

2015-S1325 (ACTIVE) - 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; amends provisions relating to sexually exploited children to include persons under the age of nineteen.

2015-S1325 (ACTIVE) - Sponsor Memo

2015-S1325 (ACTIVE) - Bill Text download pdf

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

                                  1325

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed 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.
                                                           LBD02992-01-5
              

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