Assembly Bill A1063A

2023-2024 Legislative Session

Ensures that parents and guardians of youth up to age 19 are notified when their child is arrested

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Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-A1063 - Details

See Senate Version of this Bill:
S2754
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.90 & 140.20, CP L; amd §447-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7115, S3568
2015-2016: A6484, S1325
2017-2018: A7062, S5154
2019-2020: A8801, S733
2021-2022: A7497, S4054

2023-A1063 - Summary

Relates to the issuance of arrest warrants upon a youth; provides for the police officer to make a reasonable effort to 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 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.

2023-A1063 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1063
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred 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
 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.
                                                            LBD01155-01-3
 A. 1063                             2
              

co-Sponsors

2023-A1063A (ACTIVE) - Details

See Senate Version of this Bill:
S2754
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.90 & 140.20, CP L; amd §447-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7115, S3568
2015-2016: A6484, S1325
2017-2018: A7062, S5154
2019-2020: A8801, S733
2021-2022: A7497, S4054

2023-A1063A (ACTIVE) - Summary

Relates to the issuance of arrest warrants upon a youth; provides for the police officer to make a reasonable effort to 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 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.

2023-A1063A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1063--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, WILLIAMS, GIBBS, MEEKS, SIMON,
   DICKENS,  SHIMSKY  -- read once and referred to the Committee on Codes
   -- recommitted to the Committee on Codes in accordance  with  Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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
 
   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.  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] THEIR care or the person with whom [he is]
 THEY  ARE  domiciled,  that  the  juvenile  offender  [or],   adolescent
 offender,  OR  YOUTH has been arrested, and the location of the facility
 where [he is] THEY ARE 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 THEY ARE 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. 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 23 of  the
 laws  of  2024,  paragraph (c) of subdivision 1 as separately amended by
 chapter 382 of the laws of 1987,  paragraph  (d)  of  subdivision  1  as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01155-03-4
              

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