S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3159
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
   COOK -- read once and referred to the Committee on Codes
 
 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".
   § 2. Subdivision 7 of section 120.90 of the criminal procedure law, as
 amended  by section 16 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   7. Upon arresting a juvenile offender or adolescent 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  or  adolescent
 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.
   § 3. Subdivision 6 of section 140.20 of the criminal procedure law, as
 amended  by section 20 of part WWW of chapter 59 of the laws of 2017, 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 or a person sixteen or
 commencing October first, two thousand nineteen, seventeen years of  age
 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 such offender or person
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06114-01-9

 A. 3159                             2
 
 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.  If the officer  determines
 that it is necessary to question a juvenile offender or such person, the
 officer  must  take  him  or  her  to a facility designated by the chief
 administrator of the courts as a suitable place for the  questioning  of
 children  or,  upon  the  consent  of  a  parent or other person legally
 responsible for the care of the juvenile or such person, to his  or  her
 residence and there question him or her for a reasonable period of time.
 A  juvenile  or  such  person  shall  not be questioned pursuant to this
 section unless he or she and a person required to be  notified  pursuant
 to this subdivision, if present, have been advised:
   (a)  of  the  juvenile  offender's,  YOUTH'S or such person's right to
 remain silent;
   (b) that the statements made by him or her may be used in a  court  of
 law;
   (c)  of his or her right to have an attorney present at such question-
 ing; and
   (d) of his or her right to have an attorney provided for  him  or  her
 without charge if he or she is unable to afford counsel.
   In  determining  the  suitability  of  questioning and determining the
 reasonable period of time for questioning such a  juvenile  offender  or
 person, his or her age, the presence or absence of his or her parents or
 other  persons  legally responsible for his or her care and notification
 pursuant to this subdivision shall be included among relevant  consider-
 ations.
   § 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.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.