S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3545--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
   COOK, HOOPER, MAGEE -- read once and  referred  to  the  Committee  on
   Children  and Families -- recommitted to the Committee on Children and
   Families in accordance with Assembly Rule 3, sec. 2  --  reported  and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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".
   § 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08383-02-8
              

 A. 3545--A                          2
 
   6.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
 SION 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
 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  question-
 ing; 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 consider-
 ations.
   § 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  succeed-
 ing  the  date  on  which  it  shall have become a law; provided that if
 sections 16 and 20 of part WWW of chapter 59 of the laws of  2017  shall
 not  have  taken  effect on such date, then sections one and two of this
 act shall take effect on the same date and in the same  manner  as  such
 sections of part WWW of chapter 59 of the laws of 2017 take effect.