NY State Senate Bill 2013-S5723

Senate Bill S5723

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Jun 07, 2013	referred to codes

co-Sponsors

2013-S5723 (ACTIVE) - Details

See Assembly Version of this Bill:: A7567
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§120.90, 140.20 & 150.20, CP L
Versions Introduced in 2015-2016 Legislative Session:: A6429

2013-S5723 (ACTIVE) - Summary

Relates to the issuance of arrest warrants and appearance tickets upon a youth; provides for the police officer to immediately notify the parent or other person legally responsible for the care of such youth with whom the youth is domiciled that the youth has been arrested; provides that police officer need not notify an identified person if such officer believes notification would endanger safety or health of youth.

2013-S5723 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5723

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

PURPOSE OR GENERAL IDEA OF BILL: The Second Chance Act will require
criminal or juvenile justice agencies to notify parents, guardians,
and/or adults) responsible for the care of a minor under 18 years of
age, who is arrested or otherwise comes into formal contact with the
police.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 is the title of the bill.

Section 2 adds a new subdivision to section 120.90 of the criminal
procedure law to require police to make reasonable and good faith
efforts to notify the minor's parent or guardian that the minor has
been arrested and where such minor is detained.

Section 3 adds a new subdivision to section 140.20 of the criminal
procedure law to require police to make reasonable and good faith
efforts to notify the minor's parent or guardian that the minor has
been arrested and where such minor is detained.

Section 4 adds a new subdivision to 150.20 of the criminal procedure
law to require police to make reasonable and good faith efforts to
notify the minor's parent or guardian after issuing such minor an

appearance ticket.

JUSTIFICATION: Often, parents, guardians and/or adults responsible for
young people under the age of 18 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
charges 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: 2012-2013 A.10783 2011-2012 A.4408
2009-2010 A.4616 2006-2008 A.4104 2005-2006 A.3601A 2003-2004 A.5096-B
2001-2002 S.6846

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

2013-S5723 (ACTIVE) - Bill Text download pdf

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

                                  5723

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 7, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "chance  to
help notification act".
  S 2. Section 120.90 of the criminal procedure law is amended by adding
a new subdivision 9 to read as follows:
  9.  UPON  ARRESTING  A YOUTH, AS DEFINED IN SUBDIVISION ONE OF SECTION
720.10 OF THIS CHAPTER, THE POLICE OFFICER SHALL INQUIRE  OF  THE  YOUTH
THE  NAME AND CONTACT NUMBER OF THE PARENT, OTHER PERSON LEGALLY RESPON-
SIBLE FOR HIS OR HER CARE, OR OTHER RESPONSIBLE ADULT WITH  WHOM  HE  OR
SHE  IS DOMICILED, AND THE POLICE OFFICER SHALL MAKE REASONABLE AND GOOD
FAITH EFFORTS TO NOTIFY SUCH PERSON THAT THE YOUTH  HAS  BEEN  ARRESTED,
AND  THE  LOCATION  OF  THE  FACILITY WHERE HE OR SHE IS BEING DETAINED.
REASONABLE AND GOOD FAITH EFFORTS SHALL NOT REQUIRE THE OFFICER TO PHYS-
ICALLY SEARCH FOR SUCH PERSON OR PERSONS. A YOUTH MAY DECLINE TO PROVIDE
A NAME AND CONTACT NUMBER. THE POLICE OFFICER NEED NOT NOTIFY AN IDENTI-
FIED PERSON IF THE OFFICER BELIEVES SUCH NOTIFICATION WOULD ENDANGER THE
HEALTH OR SAFETY OF SUCH YOUTH.
  S 3. Section 140.20 of the criminal procedure law is amended by adding
a new subdivision 8 to read as follows:
  8. UPON ARRESTING A YOUTH, AS DEFINED IN SUBDIVISION  ONE  OF  SECTION
720.10  OF  THIS  CHAPTER, THE POLICE OFFICER SHALL INQUIRE OF THE YOUTH
THE NAME AND CONTACT NUMBER OF THE PARENT, OTHER PERSON LEGALLY  RESPON-
SIBLE  FOR  HIS  OR HER CARE, OR OTHER RESPONSIBLE ADULT WITH WHOM HE OR
SHE IS DOMICILED, AND THE POLICE OFFICER SHALL MAKE REASONABLE AND  GOOD
FAITH  EFFORTS  TO  NOTIFY SUCH PERSON THAT THE YOUTH HAS BEEN ARRESTED,
AND THE LOCATION OF THE FACILITY WHERE HE  OR  SHE  IS  BEING  DETAINED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11205-01-3

S. 5723                             2

REASONABLE AND GOOD FAITH EFFORTS SHALL NOT REQUIRE THE OFFICER TO PHYS-
ICALLY SEARCH FOR SUCH PERSON OR PERSONS. A YOUTH MAY DECLINE TO PROVIDE
A NAME AND CONTACT NUMBER. THE POLICE OFFICER NEED NOT NOTIFY AN IDENTI-
FIED PERSON IF THE OFFICER BELIEVES SUCH NOTIFICATION WOULD ENDANGER THE
HEALTH OR SAFETY OF SUCH YOUTH.
  S 4. Section 150.20 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4.  WITHIN  A  REASONABLE  TIME  OF  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 INQUIRE OF  THE  YOUTH  THE  NAME  AND  CONTACT
NUMBER  OF THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER
CARE OR THE PERSON WITH WHOM HE OR SHE  IS  DOMICILED,  AND  THE  POLICE
OFFICER  OR  A  PERSON  OTHERWISE EMPLOYED BY SUCH DEPARTMENT SHALL MAKE
REASONABLE AND GOOD FAITH EFFORTS TO NOTIFY SUCH PERSON 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. THE EFFORTS TO  NOTIFY  SHALL
BE  WITHIN FORTY-EIGHT HOURS AFTER THE ISSUANCE OF SUCH APPEARANCE TICK-
ET. A YOUTH MAY DECLINE TO PROVIDE A CONTACT NUMBER. THE POLICE  OFFICER
NEED  NOT  NOTIFY AN IDENTIFIED PERSON IF THE OFFICER BELIEVES THAT SUCH
NOTIFICATION WOULD ENDANGER THE HEALTH OR SAFETY OF SUCH YOUTH.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S5723

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