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
S. 2754 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
S. 2754 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
S. 2754 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
S. 2754 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.
