Bill Text: NY S02726 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to the issuance of arrest warrants and appearance tickets upon a youth; provides for the police officer to immediately notify the parent or other person legally responsible for the care of such youth with whom the youth is domiciled that the youth has been arrested; provides further 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-21 - PRINT NUMBER 2726A [S02726 Detail]
Download: New_York-2009-S02726-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2726--A 2009-2010 Regular Sessions I N S E N A T E February 27, 2009 ___________ Introduced by Sen. LAVALLE -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to establishing the Chance to Help Notification Act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "chance to 2 help notification act". 3 S 2. Subdivision 7 of section 120.90 of the criminal procedure law, as 4 amended by chapter 424 of the laws of 1998, is amended to read as 5 follows: 6 7. Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI- 7 SION ONE OF SECTION 720.10 OF THIS CHAPTER, the police officer shall 8 immediately notify the parent or other person legally responsible for 9 his OR HER care or the person with whom he OR SHE is domiciled, that the 10 juvenile offender OR YOUTH has been arrested, and the location of the 11 facility where he OR SHE is being detained, PROVIDED THAT THE POLICE 12 OFFICER NEED NOT NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE 13 FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED 14 WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE NOTIFICATION OF 15 A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR SAFETY OF SUCH 16 YOUTH. 17 S 3. Subdivision 6 of section 140.20 of the criminal procedure law, as 18 added by chapter 411 of the laws of 1979, is amended to read as follows: 19 6. Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI- 20 SION ONE OF SECTION 720.10 OF THIS CHAPTER without a warrant, the police 21 officer shall immediately notify the parent or other person legally 22 responsible for his OR HER care or the person with whom he OR SHE is EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02111-04-0 S. 2726--A 2 1 domiciled, that the juvenile offender OR YOUTH has been arrested, and 2 the location of the facility where he OR SHE is being detained, PROVIDED 3 THAT THE POLICE OFFICER NEED NOT NOTIFY THE PARENT OR OTHER PERSON 4 LEGALLY RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR 5 SHE IS DOMICILED WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE 6 NOTIFICATION OF A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR 7 SAFETY OF SUCH YOUTH. 8 S 4. Section 150.20 of the criminal procedure law is amended by adding 9 a new subdivision 4 to read as follows: 10 4. UPON ISSUING TO AND SERVING AN APPEARANCE TICKET AS DEFINED IN 11 SUBDIVISION ONE OF SECTION 150.10 OF THIS ARTICLE UPON A YOUTH AS 12 DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, THE POLICE 13 OFFICER SHALL NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR 14 HIS OR HER CARE OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED, THAT 15 SUCH YOUTH HAS BEEN SERVED WITH AN APPEARANCE TICKET, THE TIME SET FORTH 16 IN SUCH APPEARANCE TICKET FOR THE YOUTH'S APPEARANCE BEFORE A CRIMINAL 17 COURT AND THE OFFENSE OF WHICH HE OR SHE IS CHARGED, PROVIDED THAT THE 18 POLICE OFFICER NEED NOT NOTIFY THE PARENT OR OTHER PERSON LEGALLY 19 RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR SHE IS 20 DOMICILED WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE 21 NOTIFICATION OF A PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR 22 SAFETY OF SUCH YOUTH. 23 S 5. This act shall take effect on the first of November next succeed- 24 ing the date on which it shall have become a law.