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S3197Senate2019-2020 SessionSame asA3159

Notify Parents When Youth Arrested

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 Kevin S. ParkerSD-21Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

The Chance to Help Notification Act requires police to notify a youth’s parent or guardian upon arrest or ticket, unless notification would endanger the youth.

Why it matters

  1. Strengthens parental involvement. By requiring police to notify a parent or guardian when a youth is arrested or ticketed, the law aims to keep families informed at critical moments, potentially allowing them to better support and advocate for their child during legal proceedings.

  2. Balancing safety and transparency. The exception for situations where notification would endanger the youth’s health or safety recognizes that not all family situations are safe, aiming to protect vulnerable youths from potential harm that could result from family involvement.

  3. Covers broader youth interactions with the justice system. This amendment expands notification requirements beyond arrests to include when a youth is issued an appearance ticket (i.e., a formal notice to appear in court), ensuring parents are aware of less severe, but still consequential, law enforcement actions.

  4. Potential impact on legal outcomes. Early parental notification can affect a young person’s access to legal counsel, understanding of their rights, and ability to prepare for court, which may influence both immediate and long-term outcomes in the justice system.

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Who cares

  • Police officers

    The bill would expand immediate arrest-notification duties to youths defined in Criminal Procedure Law section 720.10 and require notification when serving those youths with appearance tickets.

  • Parents, legal caregivers and people with whom youths live

    They would receive notice of a covered youth’s arrest and detention location, or an appearance ticket’s court appearance time and charged offense, subject to a safety exception.

  • Youths whose safety could be endangered by notification

    The bill would allow officers to forgo notification when it would endanger a youth’s health or safety, provided the youth is not also a juvenile offender.

Headline styles

Notify Parents When Youth Arrested

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

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

Chair, Energy And Telecommunications

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.

A3159Assembly

Notify Parents of Youth Arrests

In Assembly Committee · Codes · Sponsor N. Nick Perry

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

3197

2019-2020 Regular Sessions

IN SENATE

February 4, 2019

Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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

S. 3197 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.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to establishing the Chance to Help Notification Act

Purpose

The Second Chance Act will require criminal or juvenile justice agencies to notify parents, guardians, and/or adult(s) responsible for the care of a minor less than 18 years of age, who is arrested or otherwise comes into formal contact with the police.

Summary of provisions

Section one of the bill provides that the act shall be known as the "Chance to Help Notification Act."

Section two of the bill amends subdivision 7 of § 120.90 of the criminal procedure law by requiring that upon arrest of a youth, defined as a person charged with a crime alleged to have been committed when they were between sixteen and nineteen years of age, the police are required to notify the youth's parents, legal custodians, or person with whom they are domiciled of the arrest and the location of detainment. This section also states that the police are not required to provide the aforementioned notification when the youth is not also a juvenile offen- der and notification would endanger the youth.

Section three of the bill amends subdivision 6 of § 140.20 of the crimi- nal procedure law by requiring that upon arrest of a youth without a warrant, the police are required to notify the youth's parents, legal custodians, or person with whom they is domiciled of such arrest and location of detainment. This section also states that the police are not required to provide the aforementioned notification when the youth is not also a juvenile offender and notification would endanger the youth.

Section four of the bill adds subdivision 4 to § 150.20 of the criminal procedure law to require that when issuing and serving an appearance ticket to appear in criminal court, the police officer is required to notify the youth's parents, legal custodians, or person with whom they are domiciled that the youth has been served with an appearance ticket, when the youth is to appear in criminal court, and the offense to which the youth has been charged. This section also states that the police are not required to provide the aforementioned notification when the youth is not also a juvenile offender and notification would endanger the youth.

Section five provides the effective date.

Justification

Often, parents, guardians and/or adults responsible for young people under the age of eighteen are not notified when these minors are arrested or have contact with the law. As a result, adults responsible are generally unaware that their children are involved in misconduct and/or criminal activities. Sadly, by the time the responsible adult is

notified, the minor is a repeat offender facing even greater, more severe charges.

Moreover, during an arrest of a minor, the police agency will be required to make all reasonable efforts to obtain the name(s), address(es), and telephone number(s) of the parent, guardian and/or responsible adult in order to contact them and notify them of the charg- es against the minor By ensuring that the responsible adult is notified of any unlawful activity by the minor in their care, we help to ensure that they have the chance to help before the youth commits additional offenses, more serious in nature.

Prior legislative history

2017-18: S9003 - REFERRED TO RULES

Fiscal implications

To be determined

Effective date

First of January next succeeding the date upon becoming a law.

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