Assembly Bill A4616

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

                                 4616--A
                                                        Cal. No. 893

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M. of A. PERRY, ALFANO -- Multi-Sponsored by -- M. of A.
  AUBRY, BARRA, COOK,  ESPAILLAT,  HOOPER,  MAGEE,  MAYERSOHN,  PHEFFER,
  J. RIVERA,  SCARBOROUGH,  TOWNS,  WEISENBERG,  WRIGHT -- read once and
  referred to the Committee on Children and Families  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

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. 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.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
SION  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.
  S 3. Subdivision 6 of section 140.20 of the criminal procedure law, as
added by chapter 411 of the laws of 1979, is amended to read as follows:
  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

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

                                                           LBD02111-05-0

A. 4616--A                          2

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.
  S 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.
  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.