NY State Senate Bill 2025-S4763

Senate Bill S4763

2025-2026 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 Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2025	referred to codes

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2025-S4763 (ACTIVE) - Details

See Assembly Version of this Bill:: A3664
Current Committee:: Senate 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
2023-2024: S2754, A1063

2025-S4763 (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.

2025-S4763 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4763

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

In the event a juvenile offender, adolescent offender, or youth is
arrested or issued an appearance ticket, this legislation will ensure
that parents are notified of such an occurrence and their child's where-
abouts, unless doing so will endanger the child. The bill also proposes
other measures to ensure that arrested youth are safe, and that a parent
and/or other responsible adult is involved in the overall arrest and
resolution process.

 
SUMMARY OF PROVISIONS:

Sections two and three of the bill amend various sections of the crimi-

nal procedure law, while section four amends the social services law.

The new law will require that when a youth -- at least 16 but younger
than 19 -- is arrested or issued an appearance ticket, the police offi-
cer arresting them shall immediately notify a parent or other person
legally responsible for the youth. The officer must notify that the
youth has been arrested and give the location of where the youth is
being detained. This requirement is waived if the arrested person is a
juvenile offender or if contacting a parent or guardian would endanger
the youth.

If a parent or other person legally responsible for the youth cannot be
reached, the police officer must issue an appearance ticket and release
the youth to an adult family member or unrelated adult who is at least
twenty-five years old. If there is no available person to whom the youth
can be released, the police officer must release the youth with an
appearance ticket and inform him or her that he or she may request a
ride home, or if it appears that the youth is a "sexually exploited
child," he or she can be driven to a "short-term safe house."

Additionally, the bill requires that an officer must issue an appearance
ticket and release the youth in the same manner described above if: (1)
he or she has been arrested for a non-violent class B, C, or B felony,
and the local criminal court is unavailable, or (2) the arrest is for
something other than an A, B, C, or B felony or other specified
offenses.

The bill amends the social services law by expanding the definition of
"sexually exploited child" to include any person under the age of nine-
teen. A "sexually exploited child," as defined in subdivision one of
section 447-a of the social services law, is a child under the age of
nineteen who has been subject to sexual exploitation either because he
or she (1) is the victim of sex trafficking; (2) engages in prostitu-
tion; (3) is a victim of the crime compelling prostitution; or (4)
engages in any acts under article 263 of the penal law. Currently, the
social services law allows such a child to be brought to a "short-term
safe house" following an arrest. This legislation would include people
under the age of nineteen to allow 18-year-olds to have access to the
"short-term safe house" as well.

 
JUSTIFICATION:

New York is one of only two states in our nation to set the age of crim-
inal responsibility at 16. For certain crimes, a child could be adjudi-
cated as an adult.

This means that childhood decisions will have a devastating effect on
the lives of many young men and women. As a beacon of progressive think-
ing on most other issues, New York must be on par with the rest of the
nation and raise the age of criminal responsibility.

However, in the meantime, New York must at least take a step in the
right direction. Currently, since teens age 16 and up are considered
adults in the eyes of the law, their parents are not notified upon
arrest. Although the arrested person has the right to make a phone call,
there is no guarantee that they will contact their parents.  This leaves
many parents worried when their child does not return home.

This bill will require a police officer to notify the parents when their
teenager is arrested or issued an appearance ticket, unless doing so
would put the teen in danger. Furthermore, if the parent or legal guard-
ian is unavailable, the police officer is required to contact another
adult; if no adult is available, the officer must give the teen a ride
home upon request. In the case of a "sexually exploited child," the
officer may give the teen a ride to a "short-term safe house" instead of
their home.

This legislation is important, as it protects our children and will give
peace of mind to parents. New York must take this first step on the long
road toward raising the age of criminal responsibility.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S733 - Referred to Codes

2021-22: S4054 - Referred to Codes

2023-24: S754A - Passed Senate

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2025-S4763 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4763
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 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
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07229-01-5

 S. 4763                             2
 
 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-
 graph  (w) of subdivision one of section two hundred twelve of the judi-
 S. 4763                             3
 
 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.
 S. 4763                             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.

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Senate Bill S4763

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Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Joseph P. Addabbo Jr.

Andrew Gounardes

Robert Jackson

Liz Krueger

2025-S4763 (ACTIVE) - Details

2025-S4763 (ACTIVE) - Summary

2025-S4763 (ACTIVE) - Sponsor Memo

2025-S4763 (ACTIVE) - Bill Text download pdf

Comments