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A3159Assembly2019-2020 SessionSame asS3197

Notify Parents of Youth Arrests

Official title

“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”

Sponsor N. Nick PerryAD-58Affects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill requires police to notify a youth's parent or guardian upon arrest or issuance of an appearance ticket, unless doing so would endanger the youth's health or safety.

Why it matters

  1. Strengthens parental involvement. in cases where minors are arrested or issued appearance tickets, increasing opportunities for family support and intervention at critical moments in the youth justice process.

  2. Creates an explicit exception. for cases where notifying a parent or guardian would endanger the youth’s health or safety—allowing police discretion to protect vulnerable youth (e.g., in situations involving abuse or family conflict).

  3. Expands notification requirements. to include not just juvenile offenders, but also a broader category of “youth” as defined by law, potentially impacting a wider group of young people who come into contact with law enforcement.

  4. May affect police procedures and training. , as officers will need to assess and document when parental notification is or isn’t appropriate, raising considerations about officer judgment and the consistency of its application.

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Who cares

Headline styles

Notify Parents of Youth Arrests

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
N. Nick Perry

Assembly Member · Assembly District 58

History

  1. Referred to codes
  2. Reported referred to rules
  3. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3197Senate

Notify Parents When Youth Arrested

In Senate Committee · Codes · Sponsor Kevin S. Parker

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3159

2019-2020 Regular Sessions

IN ASSEMBLY

January 28, 2019

Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY, COOK -- read once and referred to the Committee on Codes

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 Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as the "chance to help notification 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 or her care or the person with whom he or she is domiciled, that the juvenile offender or youth or adolescent offender or youth has been arrested, and the location of the facility where he or she is 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 he or she is 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. Subdivision 6 of section 140.20 of the criminal procedure law, as amended by section 20 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:

6. Upon arresting a juvenile offender or youth as defined in subdivision one of section 720.10 of this chapter or a person sixteen or commencing October first, two thousand nineteen, seventeen years of age without a warrant, the police officer shall immediately notify the parent or other person legally responsible for his or her care or the person with whom he or she is domiciled, that such offender or person

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06114-01-9

A. 3159 2

has been arrested, and the location of the facility where he or she is 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 he or she is 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. If the officer determines that it is necessary to question a juvenile offender or such person, the officer must take him or her 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 or such person, to his or her residence and there question him or her for a reasonable period of time. A juvenile or such person shall not be questioned pursuant to this section unless he or she 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 may be used in a court of law;

(c) of his or her right to have an attorney present at such questioning; and

(d) of his or her right to have an attorney provided for him or her without charge if he or she is unable to afford counsel.

In determining the suitability of questioning and determining the reasonable period of time for questioning such a juvenile offender or person, his or her age, the presence or absence of his or her parents or other persons legally responsible for his or her care and notification pursuant to this subdivision shall be included among relevant considerations.

§ 4. Section 150.20 of the criminal procedure law is amended by adding a new subdivision 4 to read as follows:

4. Upon issuing to and serving an appearance ticket as defined in subdivision one of section 150.10 of this article upon a youth as defined in subdivision one of section 720.10 of this chapter, the police officer shall notify the parent or other person legally responsible for his or her care or the person with whom he or she is domiciled, that such youth has been served with an appearance ticket, the time set forth in such appearance ticket for the youth's appearance before a criminal court and the offense of which he or she is charged, 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 he or she is 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.

§ 5. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.