NY State Assembly Bill 2023-A1063A

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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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2024	print number 1063a
May 31, 2024	amend (t) and recommit to codes
Jan 03, 2024	referred to codes
Jan 13, 2023	referred to codes

Bill Amendments

Original

A (Active)

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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

 
   (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
 village, or village court embraced by an adjoining town, within the same
 county as such city; and
 A. 1063                             3
 
   (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 OF THIS TITLE AND RELEASE HIM OR HER FROM CUSTODY,  AS
 PRESCRIBED IN PARAGRAPH (E) OF THIS SUBDIVISION; AND
   (H) Notwithstanding any other provision of this section, where a local
 criminal court in the county in which the defendant is arrested is oper-
 ating  an off-hours arraignment part designated in accordance with para-
 graph (w) of subdivision one of section two hundred twelve of the  judi-
 ciary  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
 or 215.56 of the penal law, the arrested  person  need  not  be  brought
 A. 1063                             4
 
 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
 DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, THE POLICE
 A. 1063                             5
 
 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, paragraphs
 (c) and (d) of subdivision 1 as amended by chapter 23  of  the  laws  of
 2021,  and 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; OR
   (d)  engages  in  acts  or  conduct  described  in article two hundred
 sixty-three 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.

co-Sponsors

View additional 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

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

 A. 1063--A                          2
 
 amended  and  paragraph (e) as added by chapter 492 of the laws of 2016,
 subdivision 2 as amended by section 3 of subpart B of part VV of chapter
 56 of the laws of 2023, the opening paragraph of subdivision 2 as  sepa-
 rately  amended  by chapter 23 of the laws of 2024, and subdivision 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]  THE  ARRESTED  PERSON  to  be
 brought  before a local criminal court and file therewith an appropriate
 accusatory instrument charging [him] THEM 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, former section 130.40, section
 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, former section 130.40,  section
 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 embrac-
 ing 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 adjoining 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
 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] THEM 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, FORMER SECTION 130.40, 205.10, 205.17,
 205.19  OR  215.56 OF THE PENAL LAW, AND THE LOCAL CRIMINAL COURT IS NOT
 AVAILABLE THE OFFICER SHALL MAKE EVERY REASONABLE EFFORT TO GIVE  NOTICE
 TO THE PARENT, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THEIR CARE OR THE
 PERSON WITH WHOM THEY ARE DOMICILED; OR
   (F) Notwithstanding any other provision of this section, where a local
 criminal court in the county in which the defendant is arrested is oper-
 ating  an off-hours arraignment part designated in accordance with para-
 A. 1063--A                          3
 
 graph (w) of subdivision one of section two hundred twelve of the  judi-
 ciary  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, former section 130.40,  section
 205.10,  205.17,  205.19 or 215.56 of the penal law, or other than where
 an arrest is required to be made pursuant to subdivision four of section
 140.10 of this article, 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] THEM from custody,  as  prescribed  in
 subdivision 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] THEIR 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]
 THEM from custody.
   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 (F) 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] THEIR care
 or the person with whom [he or she is] THEY  ARE  domiciled,  that  such
 offender  or  person has been arrested, and the location of the facility
 where [he or she 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,  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.  If the officer determines that it is necessary to question
 a juvenile offender, YOUTH, or such person, the officer must  take  [him
 or  her] THEM 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, YOUTH or such person, to [his or her] THEIR resi-
 dence and there question [him or her] SUCH JUVENILE OFFENDER, YOUTH,  OR
 SUCH PERSON for a reasonable period of time. A juvenile OFFENDER, YOUTH,
 or  such  person shall not be questioned pursuant to this section unless
 [he or she] THEY 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] SUCH  JUVENILE  OFFENDER,
 YOUTH, OR SUCH PERSON may be used in a court of law;
   (c)  of  [his  or  her]  SUCH  JUVENILE  OFFENDER'S,  YOUTH'S, OR SUCH
 PERSON'S right to have an attorney present at such questioning; and
   (d) of [his  or  her]  SUCH  JUVENILE  OFFENDER'S,  YOUTH'S,  OR  SUCH
 PERSON'S  right to have an attorney provided for [him or her] SUCH JUVE-
 NILE OFFENDER, YOUTH, OR SUCH PERSON without charge if [he or she]  SUCH
 JUVENILE OFFENDER, YOUTH, OR SUCH PERSON is unable to afford counsel.
 A. 1063--A                          4
 
   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] SUCH JUVENILE OFFENDER'S, YOUTH'S, OR
 SUCH PERSON'S age, the presence or absence of [his or her] SUCH JUVENILE
 OFFENDER'S,  YOUTH'S,  OR SUCH PERSON'S parents or other persons legally
 responsible for [his or her] SUCH JUVENILE OFFENDER'S, YOUTH'S, OR  SUCH
 PERSON'S  care  and  notification  pursuant to this subdivision shall be
 included among relevant considerations.
   § 4. 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,  paragraphs
 (c)  and  (d)  of  subdivision 1 as amended by chapter 23 of the laws of
 2021, and 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] THEY:
   (a)  [is] ARE 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]  ENGAGE  in any act as defined in section 230.00 of the
 penal law;
   (c) [is] ARE a victim of  the  crime  of  compelling  prostitution  as
 defined in section 230.33 of the penal law; OR
   (d)  [engages]  ENGAGE  in  acts  or  conduct described in article two
 hundred sixty-three 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.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,
 that if chapter 23 of the laws of 2024 shall not have taken effect on or
 before such date then the amendments to paragraphs (a) and (b) of subdi-
 vision 1 and the opening paragraph of subdivision 2 of section 140.20 of
 the criminal procedure law as amended by section three of this act shall
 take  effect  on the same date and in the same manner as such chapter of
 the laws of 2024 takes effect.

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Assembly Bill A1063A

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Sponsored By

BICHOTTE HERMELYN

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Jaime R. Williams

Eddie Gibbs

Demond Meeks

Jo Anne Simon

2023-A1063 - Details

2023-A1063 - Summary

2023-A1063 - Bill Text download pdf

co-Sponsors

Jaime R. Williams

Eddie Gibbs

Demond Meeks

Jo Anne Simon

2023-A1063A (ACTIVE) - Details

2023-A1063A (ACTIVE) - Summary

2023-A1063A (ACTIVE) - Bill Text download pdf

Comments