Senate Bill S2754A

2023-2024 Legislative Session

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

download bill text pdf

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-S2754 - Details

See Assembly Version of this Bill:
A1063
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: S3568, A7115
2015-2016: S1325, A6484
2017-2018: S5154, A7062
2019-2020: S733, A8801
2021-2022: S4054, A7497

2023-S2754 - 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-S2754 - Sponsor Memo

2023-S2754 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2754
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced by Sens. BAILEY, ADDABBO, GOUNARDES, JACKSON, KRUEGER, MYRIE,
   RAMOS  --  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
 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
              

co-Sponsors

2023-S2754A (ACTIVE) - Details

See Assembly Version of this Bill:
A1063
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: S3568, A7115
2015-2016: S1325, A6484
2017-2018: S5154, A7062
2019-2020: S733, A8801
2021-2022: S4054, A7497

2023-S2754A (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-S2754A (ACTIVE) - Sponsor Memo

2023-S2754A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2754--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced by Sens. BAILEY, ADDABBO, GOUNARDES, JACKSON, KRUEGER, MYRIE,
   RAMOS  --  read  twice  and  ordered  printed,  and when printed to be
   committed to the Committee on Codes -- recommitted to the Committee on
   Codes in accordance with Senate Rule 6, sec. 8 --  reported  favorably
   from  said  committee  and  committed  to  the Committee on Finance --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01155-02-4
              

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