S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7982
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of  A.  TAYLOR -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  notification
   to,  and  engagement  of, parents in proceedings involving sixteen and
   seventeen year old defendants in youth parts in superior courts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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, 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 adolescent offender  has
 been  arrested,  [and]  the  location of the facility where he OR SHE is
 being detained OR QUESTIONED AND THE LOCATION OF THE COURT WHERE  HE  OR
 SHE  WILL  BE  ARRAIGNED  OR APPEAR, AS WELL AS THE DATE AND APPROXIMATE
 TIME IF KNOWN.
   § 2. The opening paragraph of 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:
   Upon arresting a juvenile offender 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 has been arrested,
 and the location of the facility where he or she is  being  detained  OR
 QUESTIONED  AND  THE  LOCATION  OF  THE  COURT  WHERE  HE OR SHE WILL BE
 ARRAIGNED OR APPEAR, AS WELL AS THE DATE AND APPROXIMATE TIME IF  KNOWN.
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09845-02-9

 A. 7982                             2
 
 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  ques-
 tioned  pursuant  to this section unless he or she and a person required
 to be notified pursuant to  this  subdivision,  if  present,  have  been
 advised:
   §  3.  The opening paragraph of subdivision 5 of section 140.27 of the
 criminal procedure law, as amended by section 23 of part WWW of  chapter
 59 of the laws of 2017, is amended to read as follows:
   Upon  arresting  a juvenile offender or a person sixteen or commencing
 October first, two thousand nineteen, seventeen years of age  without  a
 warrant,  the peace 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 has been arrested,
 and the location of the facility where he or she is  being  detained  OR
 QUESTIONED  AND  THE  LOCATION  OF  THE  COURT  WHERE  HE OR SHE WILL BE
 ARRAIGNED OR APPEAR, AS WELL AS THE DATE AND APPROXIMATE TIME IF  KNOWN.
 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 a juvenile offender or
 such person, to his or her residence and there question him or her for a
 reasonable period of time. A juvenile offender or such person shall  not
 be  questioned  pursuant to this section unless the juvenile offender or
 such person and a person required to be notified pursuant to this subdi-
 vision, if present, have been advised:
   § 4. The opening paragraph of subdivision 5 of section 140.40  of  the
 criminal  procedure law, as amended by section 24 of part WWW of chapter
 59 of the laws of 2017, is amended to read as follows:
   If a police officer takes an arrested juvenile offender  or  a  person
 sixteen  or  commencing October first, two [thosuand] THOUSAND nineteen,
 seventeen years of age into custody, the police officer shall immediate-
 ly 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 has been arrested, and the location of the facility  where  he
 or  she  is  being  detained OR QUESTIONED AND THE LOCATION OF THE COURT
 WHERE HE OR SHE WILL BE ARRAIGNED OR APPEAR, AS WELL  AS  THE  DATE  AND
 APPROXIMATE  TIME IF KNOWN.  If the officer determines that it is neces-
 sary 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  offender  or such person, to his or her residence and
 there question him or her for a reasonable period of  time.  A  juvenile
 offender 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:
   § 5. Subdivision 1 of section 722.00 of the criminal procedure law, as
 added by section 1-a of part WWW of chapter 59 of the laws of  2017,  is
 amended to read as follows:
   1.  All  juvenile offenders and adolescent offenders shall be notified
 of the availability of services through the local probation  department.
 Such  services  shall include the ability of the probation department to

 A. 7982                             3
 
 conduct a risk and needs assessment, utilizing a validated risk  assess-
 ment  tool,  in  order  to  help  determine  suitable and individualized
 programming and referrals. Participation in such risk and needs  assess-
 ment shall be voluntary and the adolescent offender or juvenile offender
 may  be  accompanied  by  counsel during any such assessment.  THE LOCAL
 PROBATION DEPARTMENT SHALL MAKE REASONABLE AND  SUBSTANTIAL  EFFORTS  TO
 SECURE  THE  PARTICIPATION OF THE PARENT OR OTHER PERSON RESPONSIBLE FOR
 THE CARE OF THE JUVENILE OFFENDER OR ADOLESCENT OFFENDER IN THE RISK AND
 NEEDS ASSESSMENT BUT SHALL NOT  BE  PREVENTED  FROM  PROCEEDING  BY  THE
 ABSENCE  OF  SUCH  PARENT OR PERSON. Based upon the assessment findings,
 the probation department shall refer the adolescent offender or juvenile
 offender to available and appropriate services.
   § 6. Section 722.10 of the criminal procedure law is amended by adding
 a new subdivision 3 to read as follows:
   3. IN ALL PROCEEDINGS UNDER THIS ARTICLE, THE PARENT OR  OTHER  PERSON
 RESPONSIBLE FOR THE CARE OF THE JUVENILE OFFENDER OR ADOLESCENT OFFENDER
 SHALL  BE  NOTIFIED OF THE RIGHT TO BE PRESENT, UNLESS GOOD CAUSE EXISTS
 TO DISPENSE WITH SUCH NOTICE. THE COURT  SHALL  NOT  BE  PREVENTED  FROM
 PROCEEDING BY THE ABSENCE OF SUCH PARENT OR PERSON IF REASONABLE EFFORTS
 HAVE BEEN MADE TO PROVIDE SUCH NOTICE, UNLESS THE COURT FOUND GOOD CAUSE
 TO DISPENSE WITH SUCH NOTICE.
   § 7. This act shall take effect immediately.