Senate Bill S5154

2017-2018 Legislative Session

Ensures that parents and guardians of youth up to age 19 are notified when their child is arrested or issued an appearance ticket

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Sponsored By

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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2017-S5154 (ACTIVE) - Details

See Assembly Version of this Bill:
A7062
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
2015-2016: S1325, A6484
2019-2020: S733, A8801
2021-2022: S4054, A7497
2023-2024: S2754, A1063

2017-S5154 (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 or 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.

2017-S5154 (ACTIVE) - Sponsor Memo

2017-S5154 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5154
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2017
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  COMRIE,  KRUEGER  --  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 ensuring that parents and guardians of youth up to  age
   19  are  notified when their child is arrested or issued an appearance
   ticket
 
   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".
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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