Assembly Bill A4408

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

                                  4408

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
  COOK,  HOOPER,  MAGEE,  MAYERSOHN,  PHEFFER,  J. RIVERA,  SCARBOROUGH,
  TOWNS,  WEISENBERG,  WRIGHT -- read once and referred to the Committee
  on Children and Families

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07670-01-1
              

A. 4408                             2

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.