S T A T E O F N E W Y O R K
________________________________________________________________________
3664
2025-2026 Regular Sessions
I N A S S E M B L Y
January 29, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN, WILLIAMS, GIBBS, MEEKS, SIMON,
SHIMSKY -- 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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. 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
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07229-01-5
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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-
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.
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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.
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
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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.