Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to codes |
Jan 12, 2015 |
referred to codes |
Senate Bill S1325
2015-2016 Legislative Session
Sponsored By
(D) Senate District
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
Actions
co-Sponsors
(D) 14th Senate District
(D, WF) 28th Senate District
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
BILL NUMBER:S1325 TITLE OF BILL: An act to amend the criminal procedure law and the social services law, in relation to establishing the Family Notification and Protection Act PURPOSE: In the event a teenager is arrested or issued an appearance ticket, this legislation seeks to ensure that parents are notified of such an occurrence and their child's whereabouts, unless doing so would endanger the child. The bill also proposes other measures to ensure that arrested youth are safe, and that parents and/or another responsible adult are involved in the overall arrest and resolution process. SUMMARY OF PROVISIONS: Sections 2, 3, and 4 amend various sections of the criminal procedure law. These sections require that when a youth that is at least sixteen but younger than nineteen is arrested and/or issued an appearance ticket, the police officer who has arrested the youth to immediately notify a parent, or other person legally responsible for the youth, that he or she has been arrested and the location of where the youth is being detained. This requirement is waived if the arrested person is a juvenile offender or if contacting a parent or guardian would endanger the
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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