NY State Senate Bill 2019-S3197

Senate Bill S3197

2019-2020 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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Feb 04, 2019	referred to codes

2019-S3197 (ACTIVE) - Details

See Assembly Version of this Bill:: A3159
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§120.90, 140.20 & 150.20, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4616
2011-2012: A4408
2013-2014: A5543
2015-2016: A6490
2017-2018: S9003, A3545
2021-2022: S3025, A1635
2023-2024: S4691, A6475

2019-S3197 (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.

2019-S3197 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3197

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to establishing
the Chance to Help Notification Act

 
PURPOSE:

The Second Chance Act will require criminal or juvenile justice agencies
to notify parents, guardians, and/or adult(s) responsible for the care
of a minor less than 18 years of age, who is arrested or otherwise comes
into formal contact with the police.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides that the act shall be known as the
"Chance to Help Notification Act."

Section two of the bill amends subdivision 7 of § 120.90 of the criminal

procedure law by requiring that upon arrest of a youth, defined as a
person charged with a crime alleged to have been committed when they
were between sixteen and nineteen years of age, the police are required
to notify the youth's parents, legal custodians, or person with whom
they are domiciled of the arrest and the location of detainment. This
section also states that the police are not required to provide the
aforementioned notification when the youth is not also a juvenile offen-
der and notification would endanger the youth.

Section three of the bill amends subdivision 6 of § 140.20 of the crimi-
nal procedure law by requiring that upon arrest of a youth without a
warrant, the police are required to notify the youth's parents, legal
custodians, or person with whom they is domiciled of such arrest and
location of detainment. This section also states that the police are not
required to provide the aforementioned notification when the youth is
not also a juvenile offender and notification would endanger the youth.

Section four of the bill adds subdivision 4 to § 150.20 of the criminal
procedure law to require that when issuing and serving an appearance
ticket to appear in criminal court, the police officer is required to
notify the youth's parents, legal custodians, or person with whom they
are domiciled that the youth has been served with an appearance ticket,
when the youth is to appear in criminal court, and the offense to which
the youth has been charged. This section also states that the police are
not required to provide the aforementioned notification when the youth
is not also a juvenile offender and notification would endanger the
youth.

Section five provides the effective date.

 
JUSTIFICATION:

Often, parents, guardians and/or adults responsible for young people
under the age of eighteen are not notified when these minors are
arrested or have contact with the law. As a result, adults responsible
are generally unaware that their children are involved in misconduct
and/or criminal activities. Sadly, by the time the responsible adult is

notified, the minor is a repeat offender facing even greater, more
severe charges.

Moreover, during an arrest of a minor, the police agency will be
required to make all reasonable efforts to obtain the name(s),
address(es), and telephone number(s) of the parent, guardian and/or
responsible adult in order to contact them and notify them of the charg-
es against the minor By ensuring that the responsible adult is notified
of any unlawful activity by the minor in their care, we help to ensure
that they have the chance to help before the youth commits additional
offenses, more serious in nature.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S9003 - REFERRED TO RULES

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
First of January next succeeding the date upon becoming a law.

2019-S3197 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3197
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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

 S. 3197                             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.

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