S T A T E O F N E W Y O R K
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5543
2013-2014 Regular Sessions
I N A S S E M B L Y
February 28, 2013
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Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
COOK, FARRELL, HOOPER, MAGEE, SCARBOROUGH, WEISENBERG -- 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
the location of the facility where he OR SHE is being detained, PROVIDED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00053-01-3
A. 5543 2
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.