S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2511

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M.  of A. CLARK, STEVENSON, JAFFEE, SCARBOROUGH, BARRON,
  ROBINSON, WEPRIN -- Multi-Sponsored by -- M. of  A.  ARROYO,  BRENNAN,
  BROOK-KRASNY,  GOTTFRIED, MONTESANO, MOYA -- read once and referred to
  the Committee on Codes

AN ACT to amend the criminal procedure law, in  relation  to  permitting
  two  additional  phone calls for an arrested person who is a custodial
  parent of a minor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 8 of section 120.90 of the criminal procedure
law, as amended by chapter 96 of the laws of 2010, is amended to read as
follows:
  8. (A) Upon arresting a defendant, other than a juvenile offender, for
any offense pursuant to a warrant of arrest,  a  police  officer  shall,
upon  the  defendant's  request,  permit the defendant to communicate by
telephone provided by the law enforcement facility where  the  defendant
is held to a phone number located anywhere in the United States or Puer-
to  Rico, for the purposes of obtaining counsel and informing a relative
or friend that he or she has been arrested,  unless  granting  the  call
will  compromise  an  ongoing  investigation  or  the prosecution of the
defendant.
  (B) EXCEPT WHERE PHYSICALLY IMPOSSIBLE,  NO  LATER  THAN  THREE  HOURS
AFTER  ARREST,  THE  ARRESTING  OR  BOOKING  OFFICER SHALL INQUIRE AS TO
WHETHER THE ARRESTED PERSON IS A CUSTODIAL  PARENT  WITH  RESPONSIBILITY
FOR  A  MINOR  CHILD.  THE ARRESTING OR BOOKING OFFICER SHALL NOTIFY THE
ARRESTED PERSON WHO IS A CUSTODIAL  PARENT  WITH  RESPONSIBILITY  FOR  A
MINOR  CHILD THAT HE OR SHE IS ENTITLED TO, AND MAY REQUEST TO MAKE, TWO
ADDITIONAL TELEPHONE CALLS AT NO EXPENSE  IF  THE  TELEPHONE  CALLS  ARE
COMPLETED  TO TELEPHONE NUMBERS WITHIN THE LOCAL CALLING AREA, OR AT HIS
OR HER OWN EXPENSE IF OUTSIDE THE LOCAL CALLING AREA, TO A  RELATIVE  OR
OTHER  PERSON  FOR  THE  PURPOSE  OF ARRANGING FOR THE CARE OF THE MINOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06693-01-3
              

A. 2511                             2

CHILD OR CHILDREN IN THE PARENT'S ABSENCE. SUCH TELEPHONE CALLS SHALL BE
GIVEN IMMEDIATELY UPON REQUEST, OR AS SOON AS  PRACTICABLE.  THE  NOTICE
REQUIRED  BY THIS PARAGRAPH SHALL BE CONDUCTED IN THE ARRESTEE'S PRIMARY
LANGUAGE  AND  CAN BE CONDUCTED EITHER BY THE ARRESTING OFFICER OR OTHER
REPRESENTATIVE OF THE ARRESTING AGENCY OR THROUGH AN ORAL INTERPRETATION
TELEPHONE SERVICE THAT THE ARRESTING AGENCY  BELIEVES  IS  COMPETENT  TO
PROVIDE THESE SERVICES.
  (C)  AT  ANY POLICE FACILITY OR PLACE WHERE AN ARRESTEE IS DETAINED, A
SIGN CONTAINING THE FOLLOWING INFORMATION IN BOLD BLOCK  TYPE  SHALL  BE
POSTED  IN  A  CONSPICUOUS  PLACE:  THAT THE ARRESTEE, IF HE OR SHE IS A
CUSTODIAL PARENT WITH RESPONSIBILITY FOR A MINOR CHILD, HAS THE RIGHT TO
TWO ADDITIONAL TELEPHONE CALLS WITHIN THE LOCAL DIALING AREA, OR AT  HIS
OR HER OWN EXPENSE IF OUTSIDE THE LOCAL AREA, FOR THE PURPOSE OF ARRANG-
ING FOR THE CARE OF THE MINOR CHILD OR CHILDREN IN THE PARENT'S ABSENCE.
THE  SIGNS  POSTED  PURSUANT  TO THIS PARAGRAPH SHALL MAKE THE SPECIFIED
NOTIFICATIONS IN ANY NON-ENGLISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER
OF THE PUBLIC WHO ARE SERVED BY THE POLICE FACILITY OR PLACE OF  DETAIN-
MENT.
  (D)  THE  RIGHTS  AND  DUTIES  SET  FORTH IN THIS SUBDIVISION SHALL BE
ENFORCED REGARDLESS OF THE ARRESTEE'S IMMIGRATION STATUS.
  (E) UPON BEING RELEASED OR TRANSFERRED FOR ANY REASON, OR  BEING  HELD
FOR  IMMIGRATION  REASONS,  AN ARRESTEE OR DETAINEE SHALL BE INFORMED OF
THE RIGHT TO, AND MAY REQUEST TO MAKE, AT LEAST TWO TELEPHONE  CALLS  TO
NOTIFY  A  CHILD CAREGIVER OR FAMILY MEMBER OF THE RELEASE, TRANSFER, OR
HOLD AND THE LOCATION TO WHICH HE OR SHE  WILL  BE  TRANSFERRED  OR  THE
LOCATION OF RELEASE.
  S 2. Subdivision 7 of section 140.20 of the criminal procedure law, as
amended  by  chapter  96  of  the  laws  of  2010, is amended to read as
follows:
  7. (A) Upon arresting a person, other than a  juvenile  offender,  for
any offense without a warrant, a police officer shall, upon the arrested
person's request, permit him or her to communicate by telephone provided
by  the  law enforcement facility where the defendant is held to a phone
number located in the United States or Puerto Rico, for the purposes  of
obtaining  counsel and informing a relative or friend that he or she has
been arrested, unless granting  the  call  will  compromise  an  ongoing
investigation or the prosecution of the defendant.
  (B)  EXCEPT  WHERE  PHYSICALLY  IMPOSSIBLE,  NO LATER THAN THREE HOURS
AFTER ARREST, THE ARRESTING OR  BOOKING  OFFICER  SHALL  INQUIRE  AS  TO
WHETHER  THE  ARRESTED  PERSON IS A CUSTODIAL PARENT WITH RESPONSIBILITY
FOR A MINOR CHILD. THE ARRESTING OR BOOKING  OFFICER  SHALL  NOTIFY  THE
ARRESTED  PERSON  WHO  IS  A  CUSTODIAL PARENT WITH RESPONSIBILITY FOR A
MINOR CHILD THAT HE OR SHE IS ENTITLED TO, AND MAY REQUEST TO MAKE,  TWO
ADDITIONAL  TELEPHONE  CALLS  AT  NO  EXPENSE IF THE TELEPHONE CALLS ARE
COMPLETED TO TELEPHONE NUMBERS WITHIN THE LOCAL CALLING AREA, OR AT  HIS
OR  HER  OWN EXPENSE IF OUTSIDE THE LOCAL CALLING AREA, TO A RELATIVE OR
OTHER PERSON FOR THE PURPOSE OF ARRANGING FOR  THE  CARE  OF  THE  MINOR
CHILD OR CHILDREN IN THE PARENT'S ABSENCE. SUCH TELEPHONE CALLS SHALL BE
GIVEN  IMMEDIATELY  UPON  REQUEST, OR AS SOON AS PRACTICABLE. THE NOTICE
REQUIRED BY THIS PARAGRAPH SHALL BE CONDUCTED IN THE ARRESTEE'S  PRIMARY
LANGUAGE  AND  CAN BE CONDUCTED EITHER BY THE ARRESTING OFFICER OR OTHER
REPRESENTATIVE OF THE ARRESTING AGENCY OR THROUGH AN ORAL INTERPRETATION
TELEPHONE SERVICE THAT THE ARRESTING AGENCY  BELIEVES  IS  COMPETENT  TO
PROVIDE THESE SERVICES.
  (C)  AT  ANY POLICE FACILITY OR PLACE WHERE AN ARRESTEE IS DETAINED, A
SIGN CONTAINING THE FOLLOWING INFORMATION IN BOLD BLOCK  TYPE  SHALL  BE

A. 2511                             3

POSTED  IN  A  CONSPICUOUS  PLACE:  THAT THE ARRESTEE, IF HE OR SHE IS A
CUSTODIAL PARENT WITH RESPONSIBILITY FOR A MINOR CHILD, HAS THE RIGHT TO
TWO ADDITIONAL TELEPHONE CALLS WITHIN THE LOCAL DIALING AREA, OR AT  HIS
OR HER OWN EXPENSE IF OUTSIDE THE LOCAL AREA, FOR THE PURPOSE OF ARRANG-
ING FOR THE CARE OF THE MINOR CHILD OR CHILDREN IN THE PARENT'S ABSENCE.
THE  SIGNS  POSTED  PURSUANT  TO THIS PARAGRAPH SHALL MAKE THE SPECIFIED
NOTIFICATIONS IN ANY NON-ENGLISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER
OF THE PUBLIC WHO ARE SERVED BY THE POLICE FACILITY OR PLACE OF  DETAIN-
MENT.
  (D)  THE  RIGHTS  AND  DUTIES  SET  FORTH IN THIS SUBDIVISION SHALL BE
ENFORCED REGARDLESS OF THE ARRESTEE'S IMMIGRATION STATUS.
  (E) UPON BEING RELEASED OR TRANSFERRED FOR ANY REASON, OR  BEING  HELD
FOR  IMMIGRATION  REASONS,  AN ARRESTEE OR DETAINEE SHALL BE INFORMED OF
THE RIGHT TO, AND MAY REQUEST TO MAKE, AT LEAST TWO TELEPHONE  CALLS  TO
NOTIFY  A  CHILD CAREGIVER OR FAMILY MEMBER OF THE RELEASE, TRANSFER, OR
HOLD AND THE LOCATION TO WHICH HE OR SHE  WILL  BE  TRANSFERRED  OR  THE
LOCATION OF RELEASE.
  S 3. This act shall take effect immediately.