Notify Parents of Youth Arrests

Section 1. 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. (a) 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 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.

(b)(i) After making every reasonable effort to give notice to the parent, or other person legally responsible for his or her care or the person with whom he or she is domiciled, the officer shall issue and serve an appearance ticket upon the arrested person and release him or her to the custody of an adult family member or an unrelated adult age twenty-five or over; or

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

[ ] is old law to be omitted.

LBD03440-01-9

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(ii) After making every reasonable effort to locate an adult family member or an unrelated adult age twenty-five or over, if there is no one to whom the officer can release the arrested person, the officer shall release the arrested person upon issuance of an appearance ticket and provide the arrested person with a ride in an official police vehicle to his or her place of residence, at the request of the arrested person, without unnecessary delay. The officer must inform the youth that he or she may request a ride home; or

(iii) If the arrested person is less than nineteen years old, the officer may take the youth, if it appears that such youth is a sexually exploited child as defined in paragraph (a), (b), (c) or (d) of subdivision one of section four hundred forty-seven-a of the social services law, to an available short-term safe house, but only if the youth consents to be taken.

§ 3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal procedure law, subdivision 1 as amended by chapter 549 of the laws of 1987, paragraphs (a) and (b) of subdivision 1 as amended by chapter 324 of the laws of 1988, 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 chapter 550 of the laws of 1987 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 to be brought before a local criminal court and file therewith an appropriate accusatory instrument charging him 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, 130.40, 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, 130.40, 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 embracing 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

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(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 subdivision or locality in which the offense was allegedly committed, bring him or her 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, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, and the local criminal court is not available:

(i) the officer shall release the arrested person to the custody of his or her parents, or other person legally responsible for his or her care, or the person with whom he or she is domiciled upon the issuance of an appearance ticket provided that the officer need not notify the parent or other person legally responsible for the arrested person's care or the person with whom he or she is domiciled when the notification of a parent or other person would endanger the health or safety of the arrested person; or

(ii) after making every reasonable effort to give notice to the parent, or other person legally responsible for his or her care or the person with whom he or she is domiciled, the officer shall issue and serve an appearance ticket upon the arrested person and release him or her to the custody of an adult family member or an unrelated adult age twenty-five or over; or

(iii) after making every reasonable effort to locate an adult family member or an unrelated adult age twenty-five or over, if there is no one to whom the officer can release the arrested person, the officer shall release the arrested person upon issuance of an appearance ticket and provide the arrested person with a ride in an official police vehicle to his or her place of residence, at the request of the arrested person, without unnecessary delay. The officer must inform the youth that he or she may request a ride home; and

(f) If the arrested person is less than nineteen years old, the officer may take the youth, if it appears that such youth is a sexually exploited child as defined in paragraph (a), (b), (c) or (d) of subdivision one of section four hundred forty-seven-a of the social services law, to an available short-term safe house, but only if the youth consents to be taken; and

(g) If the arrested person is at least sixteen years old and less than nineteen years old and if the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, the officer shall issue and serve an appearance ticket, as prescribed in subdivision four of section 150.20 and release him or her from custody, as prescribed in paragraph (e) of this subdivision; and

[(e)] (h) Notwithstanding any other provision of this section, where a local criminal court in the county in which the defendant is arrested is operating an off-hours arraignment part designated in accordance with paragraph (w) of subdivision one of section two hundred twelve of the judiciary 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, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, the arrested person need not be brought

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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 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 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 from custody, as prescribed in section 150.30 of this title.

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 (h) 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 care or the person with whom he or she is domiciled, that such offender or person 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, 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 as prescribed in paragraph (f) of subdivision one of this section. If the officer determines that it is necessary to question a juvenile offender, youth, 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, 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, youth, 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

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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 or some other adult as provided for in paragraph (f) of subdivision one of section 140.20 of this chapter, 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. 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, subdivision 2 as amended by section 8 of part M of chapter 56 of the laws of 2017, are amended to read as follows: