Requires a police officer upon the arresting of a youth or upon the issuing of an appearance ticket to notify the parent or person legally responsible for such youth

Summary of provisions

Sections 2, 3, and 4 amend various sections of the criminal procedure law. These sections require that when a youth that is at least sixteen but younger than nineteen is arrested and/or issued an appearance ticket, the police officer who has arrested the youth to immediately notify a parent, or other person legally responsible for the youth, that he or she has been arrested and 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

If a parent or other person legally responsible for the youth cannot be contacted, 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, section 3 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 D felony, and the local criminal court is unavailable, or (2) the arrest is for something other than an A, B, C, or D felony or other specified offenses.

Section 5 amends subdivisions 1 and 2 of section 447-a of the social services law by expanding the definition of "sexually exploited child" to include eighteen year olds. 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 eighteen who has been subject to sexual exploitation either because he or she: (1) is the victim of sex trafficking, (2) engages in prostitution, (3) is a victim of the crime compelling prostitution, or (4) engages in any acts under article 263 of the penal code that includes the use of a child in, or the promotion or possession of, a child in a sexual performance; or in any acts under section 24037 of the penal code, loitering for the purpose of engaging in a prostitution offense. 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 persons under the

age of nineteen in order to allow eighteen 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 criminal responsibility at sixteen. For certain crimes, a child as young as thirteen could be adjudicated as an adult as well.

This means that childhood decisions will have a devastating effect on the lives of many young men and women. As a beacon of progressive thinking 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 mean time, New York must at least take a step in the right direction. Currently, since teens age sixteen and up are considered adults in the eyes of the law, their parents are not notified upon arrest. Although the arrested person has a 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 would require for a police officer to notify the parents when a teenager is arrested or issued an appearance ticket, unless doing so would put the teen in danger. Furthermore, if the parent or legal guardian 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 to 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.

Legislative history

2013-2014; Referred and died in the Committee on Codes.

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.