Bill Text: NY S04763 | 2025-2026 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2025-02-12 - REFERRED TO CODES [S04763 Detail]
Download: New_York-2025-S04763-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4763 2025-2026 Regular Sessions IN SENATE 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "family notification and protection act". 3 § 2. Subdivision 7 of section 120.90 of the criminal procedure law, as 4 amended by section 16 of part WWW of chapter 59 of the laws of 2017, is 5 amended to read as follows: 6 7. Upon arresting a juvenile offender [or], adolescent offender, or 7 youth as defined in subdivision one of section 720.10 of this chapter, 8 the police officer shall immediately notify the parent or other person 9 legally responsible for [his] their care or the person with whom [he is] 10 they are domiciled, that the juvenile offender [or], adolescent 11 offender, or youth has been arrested, and the location of the facility 12 where [he is] they are being detained, provided that the police officer 13 need not notify the parent or other person legally responsible for such 14 youth's care or the person with whom they are domiciled when such youth 15 is not also a juvenile offender and the notification of a parent or 16 other person would endanger the health or safety of such youth. 17 § 3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal proce- 18 dure law, subdivision 1 as amended by chapter 549 of the laws of 1987, 19 paragraphs (a) and (b) of subdivision 1 as amended by chapter 23 of the 20 laws of 2024, paragraph (c) of subdivision 1 as separately amended by 21 chapter 382 of the laws of 1987, paragraph (d) of subdivision 1 as 22 amended and paragraph (e) as added by chapter 492 of the laws of 2016, 23 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. LBD07229-01-5S. 4763 2 1 56 of the laws of 2023, the opening paragraph of subdivision 2 as sepa- 2 rately amended by chapter 23 of the laws of 2024, and subdivision 6 as 3 amended by section 20 of part WWW of chapter 59 of the laws of 2017, are 4 amended to read as follows: 5 1. Upon arresting a person without a warrant, a police officer, after 6 performing without unnecessary delay all recording, fingerprinting and 7 other preliminary police duties required in the particular case, must 8 except as otherwise provided in this section, without unnecessary delay 9 bring the arrested person or cause [him] the arrested person to be 10 brought before a local criminal court and file therewith an appropriate 11 accusatory instrument charging [him] them with the offense or offenses 12 in question. The arrested person must be brought to the particular local 13 criminal court, or to one of them if there be more than one, designated 14 in section 100.55 of this title as an appropriate court for commencement 15 of the particular action; except that: 16 (a) If the arrest is for an offense other than a class A, B, C or D 17 felony or a violation of section 130.25, former section 130.40, section 18 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a town, 19 but not in a village thereof having a village court, and the town court 20 of such town is not available at the time, the arrested person may be 21 brought before the local criminal court of any village within such town 22 or, any adjoining town, village embraced in whole or in part by such 23 adjoining town, or city of the same county; and 24 (b) If the arrest is for an offense other than a class A, B, C or D 25 felony or a violation of section 130.25, former section 130.40, section 26 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village 27 having a village court and such court is not available at the time, the 28 arrested person may be brought before the town court of the town embrac- 29 ing such village or any other village court within such town, or, if 30 such town or village court is not available either, before the local 31 criminal court of any adjoining town, village embraced in whole or in 32 part by such adjoining town, or city of the same county; and 33 (c) If the arrest is for an offense committed in a city, and the city 34 court thereof is not available at the time, the arrested person may be 35 brought before the local criminal court of any adjoining town or 36 village, or village court embraced by an adjoining town, within the same 37 county as such city; and 38 (d) If the arrest is for a traffic infraction or for a misdemeanor 39 relating to traffic, the police officer may, instead of bringing the 40 arrested person before the local criminal court of the political subdi- 41 vision or locality in which the offense was allegedly committed, bring 42 [him or her] them before the local criminal court of the same county 43 nearest available by highway travel to the point of arrest; and 44 (e) If the arrested person is at least sixteen years old and less than 45 nineteen years old, and if the arrest is for a non-violent class B, C, 46 or D felony (except 125.12, 263.05, 263.10, 263.15, 263.30, or 470.23) 47 or a violation of section 130.25, former section 130.40, 205.10, 205.17, 48 205.19 or 215.56 of the penal law, and the local criminal court is not 49 available the officer shall make every reasonable effort to give notice 50 to the parent, or other person legally responsible for their care or the 51 person with whom they are domiciled; or 52 (f) Notwithstanding any other provision of this section, where a local 53 criminal court in the county in which the defendant is arrested is oper- 54 ating an off-hours arraignment part designated in accordance with para- 55 graph (w) of subdivision one of section two hundred twelve of the judi-S. 4763 3 1 ciary law at the time of defendant's arrest, the arrested person may be 2 brought before such local criminal court. 3 2. If the arrest is for an offense other than a class A, B, C or D 4 felony or a violation of section 130.25, former section 130.40, section 5 205.10, 205.17, 205.19 or 215.56 of the penal law, or other than where 6 an arrest is required to be made pursuant to subdivision four of section 7 140.10 of this article, the arrested person need not be brought before a 8 local criminal court as provided in subdivision one of this section, and 9 the procedure may instead be as follows: 10 (a) A police officer may issue and serve an appearance ticket upon the 11 arrested person and release [him] them from custody, as prescribed in 12 subdivision two of section 150.20 of this title; or 13 (b) The desk officer in charge at a police station, county jail or 14 police headquarters, or any of [his] their superior officers, may, in 15 such place fix pre-arraignment bail and, upon deposit thereof, issue and 16 serve an appearance ticket upon the arrested person and release [him] 17 them from custody. 18 If the arrested person is older than sixteen years old but less than 19 nineteen years old, the officer shall follow the procedure as prescribed 20 in paragraph (f) of subdivision one of this section. 21 6. Upon arresting a juvenile offender [or], a person sixteen or 22 commencing October first, two thousand nineteen, seventeen years of age, 23 or youth as defined in subdivision one of section 720.10 of this chapter 24 without a warrant, the police officer shall immediately notify the 25 parent or other person legally responsible for [his or her] their care 26 or the person with whom [he or she is] they are domiciled, that such 27 offender or person has been arrested, and the location of the facility 28 where [he or she is] they are being detained, provided that the police 29 officer need not notify the parent or other person legally responsible 30 for such youth's care or the person with whom they are domiciled when 31 such youth is not also a juvenile offender and the notification of a 32 parent or other person would endanger the health or safety of such 33 youth, however the police officer must make every reasonable effort to 34 contact an adult family member or an unrelated adult over the age of 35 twenty-five. If the officer determines that it is necessary to question 36 a juvenile offender, youth, or such person, the officer must take [him37or her] them to a facility designated by the chief administrator of the 38 courts as a suitable place for the questioning of children or, upon the 39 consent of a parent or other person legally responsible for the care of 40 the juvenile offender, youth or such person, to [his or her] their resi- 41 dence and there question [him or her] such juvenile offender, youth, or 42 such person for a reasonable period of time. A juvenile offender, youth, 43 or such person shall not be questioned pursuant to this section unless 44 [he or she] they and a person required to be notified pursuant to this 45 subdivision, if present, have been advised: 46 (a) of the juvenile offender's, youth's, or such person's right to 47 remain silent; 48 (b) that the statements made by [him or her] such juvenile offender, 49 youth, or such person may be used in a court of law; 50 (c) of [his or her] such juvenile offender's, youth's, or such 51 person's right to have an attorney present at such questioning; and 52 (d) of [his or her] such juvenile offender's, youth's, or such 53 person's right to have an attorney provided for [him or her] such juve- 54 nile offender, youth, or such person without charge if [he or she] such 55 juvenile offender, youth, or such person is unable to afford counsel.S. 4763 4 1 In determining the suitability of questioning and determining the 2 reasonable period of time for questioning such a juvenile offender, 3 youth, or person, [his or her] such juvenile offender's, youth's, or 4 such person's age, the presence or absence of [his or her] such juvenile 5 offender's, youth's, or such person's parents or other persons legally 6 responsible for [his or her] such juvenile offender's, youth's, or such 7 person's care and notification pursuant to this subdivision shall be 8 included among relevant considerations. 9 § 4. Subdivisions 1 and 2 of section 447-a of the social services law, 10 subdivision 1 as amended by chapter 189 of the laws of 2018, paragraphs 11 (c) and (d) of subdivision 1 as amended by chapter 23 of the laws of 12 2021, and subdivision 2 as amended by section 8 of part M of chapter 56 13 of the laws of 2017, are amended to read as follows: 14 1. The term "sexually exploited child" means any person under the age 15 of [eighteen] nineteen who has been subject to sexual exploitation 16 because [he or she] they: 17 (a) [is] are the victim of the crime of sex trafficking as defined in 18 section 230.34 of the penal law or the crime of sex trafficking of a 19 child as defined in section 230.34-a of the penal law; 20 (b) [engages] engage in any act as defined in section 230.00 of the 21 penal law; 22 (c) [is] are a victim of the crime of compelling prostitution as 23 defined in section 230.33 of the penal law; or 24 (d) [engages] engage in acts or conduct described in article two 25 hundred sixty-three of the penal law. 26 2. The term "short-term safe house" means a residential facility oper- 27 ated by an authorized agency as defined in subdivision ten of section 28 three hundred seventy-one of this article including a residential facil- 29 ity operating as part of a runaway and homeless youth crisis services 30 program as defined in subdivision four of section five hundred thirty- 31 two-a of the executive law or a not-for-profit agency with experience in 32 providing services to sexually exploited youth and approved in accord- 33 ance with the regulations of the office of children and family services 34 that provides emergency shelter, services and care to sexually exploited 35 children including food, shelter, clothing, medical care, counseling and 36 appropriate crisis intervention services at the time they are taken into 37 custody by law enforcement and for the duration of any legal proceeding 38 or proceedings in which they are either the complaining witness or the 39 subject child. The short-term safe house shall also be available at the 40 point in time that a child under the age of [eighteen] nineteen has 41 first come into the custody of juvenile detention officials, law 42 enforcement, local jails or the local commissioner of social services or 43 is residing with the local runaway and homeless youth authority. 44 § 5. This act shall take effect on the first of November next succeed- 45 ing the date on which it shall have become a law.
