NY State Senate Bill 2017-S5154

Senate Bill S5154

2017-2018 Legislative Session

Ensures that parents and guardians of youth up to age 19 are notified when their child is arrested or issued an appearance ticket

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Mar 09, 2017	referred to codes

co-Sponsors

2017-S5154 (ACTIVE) - Details

See Assembly Version of this Bill:: A7062
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§120.90, 140.20 & 150.20, CP L; amd §447-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3568, A7115
2015-2016: S1325, A6484
2019-2020: S733, A8801
2021-2022: S4054, A7497
2023-2024: S2754, A1063

2017-S5154 (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 or with whom the youth is domiciled that the youth has been arrested; provides further that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth; amends provisions relating to sexually exploited children to include persons under the age of nineteen.

2017-S5154 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5154

 TITLE OF BILL :  An act to amend the criminal procedure law and the
social services law, in relation to ensuring that parents and
guardians of youth up to age 19 are notified when their child is
arrested or issued an appearance ticket

 PURPOSE :

In the event a teenager is arrested or issued an appearance ticket,
this legislation seeks to ensure that parents are notified of such an
occurrence and their child's whereabouts, unless doing so would
endanger the child. The bill also proposes other measures to ensure
that arrested youth are safe, and that a parent and/or another
responsible adult is involved in the overall arrest and resolution
process.

 SUMMARY OF PROVISIONS :

Sections 2, 3, and 4 amend various sections of the criminal procedure
law. These sections require that when a youth that is at least sixteen
but younger than nineteen is arrested and/or issued an appearance
tick- et, the police officer who has arrested the youth to immediately
notify a parent, or other person legally responsible for the youth,
that he or she has been arrested and the location of where the youth
is being detained. This requirement is waived if the arrested person

is a juve- nile offender or if contacting a parent or guardian would
endanger the youth.

If a parent or other person legally responsible for the youth cannot
be contacted, the police officer must issue an appearance ticket and
release the youth to an adult family member or unrelated adult who is
at least twenty-five years old. If there is no available person to
whom the youth can be released, the police officer must release the
youth with an appearance ticket and inform him or her that he or she
may request a ride home, or if it appears that the youth is a
"sexually exploited child," he or she can be driven to a "short-term
safe house."

Additionally, section 3 requires that an officer must issue an
appearance ticket and release the youth in the same manner described
above if: (1) he or she has been arrested for a non-violent class B,
C, or D felony, and the local criminal court is unavailable, or (2)
the arrest is for something other than an A, B, C, or D felony or
other specified offenses.

Section 5 amends subdivisions 1 and 2 of section 447-a of the social
services law by expanding the definition of "sexually exploited child"
to include any person under the age of nineteen. A "sexually exploited
child," as defined in subdivision one of section 447-a of the social
services law, is a child under the age of nineteen who has been
subject to sexual exploitation either because he or she (1) is the
victim of sex trafficking, (2) engages in prostitution, (3) is a
victim of the crime compelling prostitution, or (4) engages in any
acts under article 263 of the penal code that includes the use of a
child in, or the promotion or possession of, a child in a sexual
performance; or in any acts under section 240.37 of the penal law,
loitering for the purpose of engaging in a prostitution offense.
Currently, the social services law allows such a child to be brought
to a "short-term safe house" following an arrest. This legislation
would include persons under the age of nineteen in order to allow
eighteen year-olds to have access to the "short-term safe house" as
well.

 JUSTIFICATION :

New York is one of only two states in our nation to set the age of
criminal responsibility at sixteen. For certain crimes, a child as
young as thirteen could be adjudicated as an adult as well.

This means that childhood decisions will have a devastating effect on
the lives of many young men and women. As a beacon of progressive
thinking on most other issues, New York must be on par with the rest
of the nation and raise the age of criminal responsibility.

However, in the meantime, New York must at least take a step in the
right direction. Currently, since teens age sixteen and up are
considered adults in the eyes of the law, their parents are not
notified upon arrest. Although the arrested person has a right to make
a phone call, there is no guarantee that they will contact their
parents. This leaves many parents worried when their child does not
return home.

This bill would require for a police officer to notify the parents
when a teenager is arrested or issued an appearance ticket, unless
doing so would put the teen in danger. Furthermore, if the parent or
legal guardian is unavailable, the police officer is required to
contact another adult; if no adult is available, the officer must give
the teen a ride home upon request. In the case of a "sexually
exploited child," the officer may give the teen a ride to a
"short-term safe house" instead of to their home.

This legislation is important as it protects our children and will
give peace of mind to parents. New York must take this first step on
the long road toward raising the age of criminal responsibility.

 LEGISLATIVE HISTORY :

2013-2014; Referred and died in the Committee on Codes.

 FISCAL IMPLICATIONS :

To be determined.

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

2017-S5154 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5154
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2017
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  COMRIE,  KRUEGER  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes
 
 AN  ACT to amend the criminal procedure law and the social services law,
   in relation to ensuring that parents and guardians of youth up to  age
   19  are  notified when their child is arrested or issued an appearance
   ticket
 
   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 "family
 notification and protection act".
   § 2. Subdivision 7 of section 120.90 of the criminal procedure law, as
 amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
 follows:
   7.  (A)  Upon  arresting  a  juvenile  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 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.

                                                            LBD10147-02-7

 S. 5154                             2
 
   (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 SUBDIVI-
 SION  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 proce-
 dure 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 subdivi-
 sion 6 as added by chapter 411 of the laws of 1979, 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  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  adjoin-
 ing  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

 S. 5154                             3
 
   (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 subdi-
 vision 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  NOTIFICA-
 TION  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  OFFI-
 CER  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 SUBDIVI-
 SION 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

 S. 5154                             4
 
 before a local criminal court as provided in subdivision  one,  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 subdivi-
 sion two of section 150.20; 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.
   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 YOUTH AS DEFINED IN SUBDIVI-
 SION 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 the juvenile offender OR YOUTH has  been  arrested,  and
 the  location  of the facility where he 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 REASON-
 ABLE 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.
   § 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 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 section 1 of part G of chapter 58 of the
 laws of 2010, subdivision 2 as added by chapter 569 of the laws of 2008,
 are amended to read as follows:
   1. The term "sexually exploited child" means any person under the  age
 of  [eighteen]  NINETEEN  who  has  been  subject to sexual exploitation
 because he or she:
   (a) is the victim of the  crime  of  sex  trafficking  as  defined  in
 section 230.34 of the penal law;
   (b) engages in any act as defined in section 230.00 of the penal law;
   (c)  is a victim of the crime of compelling prostitution as defined in
 section 230.33 of the penal law;

 S. 5154                             5

   (d) engages in acts  or  conduct  described  in  article  two  hundred
 sixty-three or section 240.37 of the penal law.
   2. The term "short-term safe house" means a residential facility oper-
 ated  by  an  authorized agency as defined in subdivision ten of section
 three hundred seventy-one of this article including a residential facil-
 ity operating as part of an  approved  runaway  program  as  defined  in
 subdivision  four  of section five hundred thirty-two-a of the executive
 law or a not-for-profit agency with experience in providing services  to
 sexually exploited youth and approved in accordance with the regulations
 of  the  office  of children and family services that provides emergency
 shelter, services and care  to  sexually  exploited  children  including
 food, shelter, clothing, medical care, counseling and appropriate crisis
 intervention  services  at  the  time they are taken into custody by law
 enforcement and for the duration of any legal proceeding or  proceedings
 in  which  they are either the complaining witness or the subject child.
 The short-term safe house shall also be available at the point  in  time
 that  a  child  under the age of [eighteen] NINETEEN has first come into
 the custody of juvenile  detention  officials,  law  enforcement,  local
 jails  or  the local commissioner of social services or is residing with
 the local runaway and homeless youth authority.
   § 6. 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 S5154

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