NY State Senate Bill 2019-S733

Senate Bill S733

2019-2020 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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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

co-Sponsors

2019-S733 (ACTIVE) - Details

See Assembly Version of this Bill:: A8801
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
2017-2018: S5154, A7062
2021-2022: S4054, A7497
2023-2024: S2754, A1063

2019-S733 (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.

2019-S733 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S733

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

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

 
PURPOSE:

In the event a juvenile offender or adolescent offender, or youth 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
a parent and/or another responsible adult is 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 tick-
et, 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 juve-
nile offender or if contacting a parent or guardian would endanger the
youth.

If a parent or other person legally responsible for the youth cannot be
contacted, the police officer must issue an appearance ticket and
release the youth to an adult family member or unrelated adult who is at
least twenty-five years old. If there is no available person to whom the
youth can be released, the police officer must release the youth with an
appearance ticket and inform him or her that he or she may request a
ride home, or if it appears that the youth is a "sexually exploited
child," he or she can be driven to a "short-term safe house."

Additionally, section 3 requires that an officer must issue an appear-
ance ticket and release the youth in the same manner described above if:
(1) he or she has been arrested for a non-violent class B, C, or D felo-
ny, and the local criminal court is unavailable, or (2) the arrest is
for something other than an A, B, C, or D felony or other specified
offenses.  Section 5 amends subdivisions 1 and 2 of section 447-a of the
social services law by expanding the definition of "sexually exploited
child" to include any person under the age of nineteen. A "sexually
exploited child," as defined in subdivision one of section 447-a of the
social services law, is a child under the age of nineteen who has been
subject to sexual exploitation either because he or she (1) is the
victim of sex trafficking, (2) engages in prostitution, (3) is a victim
of the crime compelling prostitution, or (4) engages in any acts under
article 263 of the penal code that includes the use of a child in, or
the promotion or possession of, a child in a sexual performance; or in
any acts under section 240.37 of the penal law, loitering for the
purpose of engaging in a prostitution offense.  Currently, the social
services law allows such a child to be brought to a "short-term safe
house" following an arrest. This legislation would include persons under
the age of nineteen in order to allow eighteen year-olds to have access
to the "short-term safe house" as well.

 
JUSTIFICATION:

New York is one of only two states in our nation to set the age of crim-
inal responsibility at sixteen. For certain crimes, a child as young as
thirteen could be adjudicated as an adult as well.

This means that childhood decisions will have a devastating effect on
the lives of many young men and women. As a beacon of progressive think-
ing on most other issues, New York must be on par with the rest of the
nation and raise the age of criminal responsibility.

However, in the meantime, New York must at least take a step in the
right direction. Currently, since teens age sixteen and up are consid-
ered adults in the eyes of the law, their parents are not notified upon
arrest. Although the arrested person has a right to make a phone call,
there is no guarantee that they will contact their parents. This leaves
many parents worried when their child does not return home.

This bill would require for a police officer to notify the parents when
a teenager is arrested or issued an appearance ticket, unless doing so
would put the teen in danger. Furthermore, if the parent or legal guard-
ian is unavailable, the police officer is required to contact another
adult; if no adult is available, the officer must give the teen a ride
home upon request. In the case of a "sexually exploited child," the
officer may give the teen a ride to a "short-term safe house" instead of
to their home.

This legislation is important as it protects our children and will give
peace of mind to parents. New York must take this first step on the long
road toward raising the age of criminal responsibility.

 
LEGISLATIVE HISTORY:

2013-2014; Referred and died in the Committee on Codes.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2019-S733 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    733
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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 section 16 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   7.  (A)  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 adolescent offen-
 der, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03440-01-9

 S. 733                              2
 
 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
 RELEASE  THE  ARRESTED  PERSON UPON ISSUANCE OF AN APPEARANCE TICKET AND
 PROVIDE THE ARRESTED PERSON WITH A RIDE IN AN OFFICIAL POLICE VEHICLE TO
 HIS OR HER PLACE OF RESIDENCE, AT THE REQUEST OF  THE  ARRESTED  PERSON,
 WITHOUT  UNNECESSARY DELAY. THE OFFICER MUST INFORM THE YOUTH THAT HE OR
 SHE MAY REQUEST A RIDE HOME; OR
   (III) IF THE ARRESTED PERSON IS LESS  THAN  NINETEEN  YEARS  OLD,  THE
 OFFICER  MAY TAKE THE YOUTH, IF IT APPEARS THAT SUCH YOUTH IS A SEXUALLY
 EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (B), (C) OR (D) OF SUBDIVI-
 SION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF  THE  SOCIAL  SERVICES
 LAW,  TO  AN  AVAILABLE  SHORT-TERM  SAFE  HOUSE,  BUT ONLY IF THE YOUTH
 CONSENTS TO BE TAKEN.
   § 3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal  proce-
 dure  law,  subdivision 1 as amended by chapter 549 of the laws of 1987,
 paragraphs (a) and (b) of subdivision 1 as amended by chapter 324 of the
 laws of 1988, paragraph (c) of subdivision 1 as  separately  amended  by
 chapter  382  of  the  laws  of  1987, paragraph (d) of subdivision 1 as
 amended and paragraph (e) as added by chapter 492 of the laws  of  2016,
 subdivision 2 as amended by chapter 550 of the laws of 1987 and subdivi-
 sion 6 as amended by section 20 of part WWW of chapter 59 of the laws of
 2017, are amended to read as follows:
   1.  Upon arresting a person without a warrant, a police officer, after
 performing without unnecessary delay all recording,  fingerprinting  and
 other  preliminary  police  duties required in the particular case, must
 except as otherwise provided in this section, without unnecessary  delay
 bring  the  arrested  person  or  cause him to be brought before a local
 criminal court and file therewith an appropriate  accusatory  instrument
 charging  him  with  the  offense  or offenses in question. The arrested
 person must be brought to the particular local criminal court, or to one
 of them if there be more than one, designated in section 100.55 OF  THIS
 TITLE as an appropriate court for commencement of the particular action;
 except that:
   (a)  If  the  arrest is for an offense other than a class A, B, C or D
 felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
 or  215.56  of  the  penal law committed in a town, but not in a village
 thereof having a village court, and the town court of such town  is  not
 available  at  the  time,  the arrested person may be brought before the
 local criminal court of any village within such town or,  any  adjoining
 town,  village  embraced  in whole or in part by such adjoining town, or
 city of the same county; and
   (b) If the arrest is for an offense other than a class A, B,  C  or  D
 felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
 or 215.56 of the penal law committed in a village having a village court
 and such court is not available at the time, the arrested person may  be
 brought  before the town court of the town embracing such village or any
 other village court within such town, or, if such town or village  court
 is  not available either, before the local criminal court of any adjoin-
 ing town, village embraced in whole or in part by such  adjoining  town,
 or city of the same county; and
   (c)  If the arrest is for an offense committed in a city, and the city
 court thereof is not available at the time, the arrested person  may  be
 brought  before  the  local  criminal  court  of  any  adjoining town or

 S. 733                              3
 
 village, or village court embraced by an adjoining town, within the same
 county as such city; and
   (d)  If  the  arrest  is for a traffic infraction or for a misdemeanor
 relating to traffic, the police officer may,  instead  of  bringing  the
 arrested  person before the local criminal court of the political subdi-
 vision or locality in which the offense was allegedly  committed,  bring
 him  or  her  before the local criminal court of the same county nearest
 available by highway travel to the point of arrest; and
   (E) IF THE ARRESTED PERSON IS AT LEAST SIXTEEN YEARS OLD AND LESS THAN
 NINETEEN YEARS OLD, AND IF THE ARREST IS FOR A NON-VIOLENT CLASS  B,  C,
 OR  D  FELONY (EXCEPT 125.12, 263.05, 263.10, 263.15, 263.30, OR 470.23)
 OR A VIOLATION OF SECTION 130.25,  130.40,  205.10,  205.17,  205.19  OR
 215.56 OF THE PENAL LAW, AND THE LOCAL CRIMINAL COURT IS NOT AVAILABLE:
   (I)  THE  OFFICER  SHALL RELEASE THE ARRESTED PERSON TO THE CUSTODY OF
 HIS OR HER PARENTS, OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS  OR  HER
 CARE,  OR  THE PERSON WITH WHOM HE OR SHE IS DOMICILED UPON THE ISSUANCE
 OF AN APPEARANCE TICKET PROVIDED THAT THE OFFICER NEED  NOT  NOTIFY  THE
 PARENT  OR  OTHER  PERSON  LEGALLY RESPONSIBLE FOR THE ARRESTED PERSON'S
 CARE OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED WHEN  THE  NOTIFICA-
 TION  OF A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR SAFETY OF
 THE ARRESTED PERSON; OR
   (II) 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
   (III)  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
 RELEASE  THE  ARRESTED  PERSON UPON ISSUANCE OF AN APPEARANCE TICKET AND
 PROVIDE THE ARRESTED PERSON WITH A RIDE IN AN OFFICIAL POLICE VEHICLE TO
 HIS OR HER PLACE OF RESIDENCE, AT THE REQUEST OF  THE  ARRESTED  PERSON,
 WITHOUT  UNNECESSARY DELAY. THE OFFICER MUST INFORM THE YOUTH THAT HE OR
 SHE MAY REQUEST A RIDE HOME; AND
   (F) IF THE ARRESTED PERSON IS LESS THAN NINETEEN YEARS OLD, THE  OFFI-
 CER  MAY  TAKE  THE  YOUTH,  IF IT APPEARS THAT SUCH YOUTH IS A SEXUALLY
 EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (B), (C) OR (D) OF SUBDIVI-
 SION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF  THE  SOCIAL  SERVICES
 LAW,  TO  AN  AVAILABLE  SHORT-TERM  SAFE  HOUSE,  BUT ONLY IF THE YOUTH
 CONSENTS TO BE TAKEN; AND
   (G) IF THE ARRESTED PERSON IS AT LEAST SIXTEEN YEARS OLD AND LESS THAN
 NINETEEN YEARS OLD AND IF THE ARREST IS FOR  AN  OFFENSE  OTHER  THAN  A
 CLASS  A,  B,  C  OR  D FELONY OR A VIOLATION OF SECTION 130.25, 130.40,
 205.10, 205.17, 205.19 OR 215.56 OF THE PENAL  LAW,  THE  OFFICER  SHALL
 ISSUE  AND SERVE AN APPEARANCE TICKET, AS PRESCRIBED IN SUBDIVISION FOUR
 OF SECTION 150.20 AND RELEASE HIM OR HER FROM CUSTODY, AS PRESCRIBED  IN
 PARAGRAPH (E) OF THIS SUBDIVISION; AND
   [(e)] (H) Notwithstanding any other provision of this section, where a
 local criminal court in the county in which the defendant is arrested is
 operating  an  off-hours  arraignment part designated in accordance with
 paragraph (w) of subdivision one of section two hundred  twelve  of  the
 judiciary law at the time of defendant's arrest, the arrested person may
 be brought before such local criminal court.
   2.  If  the  arrest  is for an offense other than a class A, B, C or D
 felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19

 S. 733                              4
 
 or  215.56  of  the  penal  law, the arrested person need not be brought
 before a local criminal court as provided in  subdivision  one  OF  THIS
 SECTION, and the procedure may instead be as follows:
   (a) A police officer may issue and serve an appearance ticket upon the
 arrested  person and release him from custody, as prescribed in subdivi-
 sion two of section 150.20 OF THIS TITLE; or
   (b) The desk officer in charge at a police  station,  county  jail  or
 police headquarters, or any of his superior officers, may, in such place
 fix  pre-arraignment  bail and, upon deposit thereof, issue and serve an
 appearance ticket upon the arrested person and release him from custody,
 as prescribed in section 150.30 OF THIS TITLE.
   IF THE ARRESTED PERSON IS OLDER THAN SIXTEEN YEARS OLD BUT  LESS  THAN
 NINETEEN YEARS OLD, THE OFFICER SHALL FOLLOW THE PROCEDURE AS PRESCRIBED
 IN PARAGRAPH (H) OF SUBDIVISION ONE OF THIS SECTION.
   6.  Upon  arresting  a  juvenile  offender  [or],  a person sixteen or
 commencing October first, two thousand nineteen, seventeen years of age,
 OR YOUTH AS DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER
 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, 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, HOWEVER THE POLICE OFFICER
 MUST MAKE EVERY REASONABLE EFFORT TO CONTACT AN ADULT FAMILY  MEMBER  OR
 AN  UNRELATED  ADULT  OVER THE AGE OF TWENTY-FIVE AS PRESCRIBED IN PARA-
 GRAPH (F) OF SUBDIVISION ONE OF THIS SECTION.  If the officer determines
 that it is necessary to question a juvenile  offender,  YOUTH,  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 question-
 ing 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,  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,
 YOUTH,  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 rele-
 vant considerations.
   § 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

 S. 733                              5
 
 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 OR SOME
 OTHER  ADULT  AS  PROVIDED  FOR  IN  PARAGRAPH (F) OF SUBDIVISION ONE OF
 SECTION 140.20 OF THIS CHAPTER, 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. Subdivisions 1 and 2 of section 447-a of the social services law,
 subdivision 1 as amended by chapter 189 of the laws of 2018, subdivision
 2 as amended by section 8 of part M of chapter 56 of the laws  of  2017,
 are amended to read as follows:
   1.  The term "sexually exploited child" means any person under the age
 of [eighteen] NINETEEN who  has  been  subject  to  sexual  exploitation
 because he or she:
   (a)  is  the  victim  of  the  crime  of sex trafficking as defined in
 section 230.34 of the penal law or the crime of  sex  trafficking  of  a
 child as defined in section 230.34-a of the penal law;
   (b) engages in any act as defined in section 230.00 of the penal law;
   (c)  is a victim of the crime of compelling prostitution as defined in
 section 230.33 of the penal law;
   (d) engages in acts  or  conduct  described  in  article  two  hundred
 sixty-three or section 240.37 of the penal law.
   2. The term "short-term safe house" means a residential facility oper-
 ated  by  an  authorized agency as defined in subdivision ten of section
 three hundred seventy-one of this article including a residential facil-
 ity operating as part of a runaway and homeless  youth  crisis  services
 program  as  defined in subdivision four of section five hundred thirty-
 two-a of the executive law or a not-for-profit agency with experience in
 providing services to sexually exploited youth and approved  in  accord-
 ance  with the regulations of the office of children and family services
 that provides emergency shelter, services and care to sexually exploited
 children including food, shelter, clothing, medical care, counseling and
 appropriate crisis intervention services at the time they are taken into
 custody by law enforcement and for the duration of any legal  proceeding
 or  proceedings  in which they are either the complaining witness or the
 subject child. The short-term safe house shall also be available at  the
 point  in  time  that  a  child under the age of [eighteen] NINETEEN has
 first come  into  the  custody  of  juvenile  detention  officials,  law
 enforcement, local jails or the local commissioner of social services or
 is residing with the local runaway and homeless youth authority.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S733

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Sponsored By

Velmanette Montgomery