S T A T E O F N E W Y O R K
________________________________________________________________________
4694
2015-2016 Regular Sessions
I N A S S E M B L Y
February 5, 2015
___________
Introduced by M. of A. CLARK, JAFFEE, SCARBOROUGH, ROBINSON, WEPRIN --
Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, BROOK-KRASNY, GOTT-
FRIED, MONTESANO, MOYA -- read once and referred to the Committee on
Codes
AN ACT to amend the criminal procedure law, in relation to permitting
two additional phone calls for an arrested person who is a custodial
parent of a minor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 120.90 of the criminal procedure
law, as amended by chapter 96 of the laws of 2010, is amended to read as
follows:
8. (A) Upon arresting a defendant, other than a juvenile offender, for
any offense pursuant to a warrant of arrest, a police officer shall,
upon the defendant's request, permit the defendant to communicate by
telephone provided by the law enforcement facility where the defendant
is held to a phone number located anywhere in the United States or Puer-
to Rico, for the purposes of obtaining counsel and informing a relative
or friend that he or she has been arrested, unless granting the call
will compromise an ongoing investigation or the prosecution of the
defendant.
(B) EXCEPT WHERE PHYSICALLY IMPOSSIBLE, NO LATER THAN THREE HOURS
AFTER ARREST, THE ARRESTING OR BOOKING OFFICER SHALL INQUIRE AS TO
WHETHER THE ARRESTED PERSON IS A CUSTODIAL PARENT WITH RESPONSIBILITY
FOR A MINOR CHILD. THE ARRESTING OR BOOKING OFFICER SHALL NOTIFY THE
ARRESTED PERSON WHO IS A CUSTODIAL PARENT WITH RESPONSIBILITY FOR A
MINOR CHILD THAT HE OR SHE IS ENTITLED TO, AND MAY REQUEST TO MAKE, TWO
ADDITIONAL TELEPHONE CALLS AT NO EXPENSE IF THE TELEPHONE CALLS ARE
COMPLETED TO TELEPHONE NUMBERS WITHIN THE LOCAL CALLING AREA, OR AT HIS
OR HER OWN EXPENSE IF OUTSIDE THE LOCAL CALLING AREA, TO A RELATIVE OR
OTHER PERSON FOR THE PURPOSE OF ARRANGING FOR THE CARE OF THE MINOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08588-01-5
A. 4694 2
CHILD OR CHILDREN IN THE PARENT'S ABSENCE. SUCH TELEPHONE CALLS SHALL BE
GIVEN IMMEDIATELY UPON REQUEST, OR AS SOON AS PRACTICABLE. THE NOTICE
REQUIRED BY THIS PARAGRAPH SHALL BE CONDUCTED IN THE ARRESTEE'S PRIMARY
LANGUAGE AND CAN BE CONDUCTED EITHER BY THE ARRESTING OFFICER OR OTHER
REPRESENTATIVE OF THE ARRESTING AGENCY OR THROUGH AN ORAL INTERPRETATION
TELEPHONE SERVICE THAT THE ARRESTING AGENCY BELIEVES IS COMPETENT TO
PROVIDE THESE SERVICES.
(C) AT ANY POLICE FACILITY OR PLACE WHERE AN ARRESTEE IS DETAINED, A
SIGN CONTAINING THE FOLLOWING INFORMATION IN BOLD BLOCK TYPE SHALL BE
POSTED IN A CONSPICUOUS PLACE: THAT THE ARRESTEE, IF HE OR SHE IS A
CUSTODIAL PARENT WITH RESPONSIBILITY FOR A MINOR CHILD, HAS THE RIGHT TO
TWO ADDITIONAL TELEPHONE CALLS WITHIN THE LOCAL DIALING AREA, OR AT HIS
OR HER OWN EXPENSE IF OUTSIDE THE LOCAL AREA, FOR THE PURPOSE OF ARRANG-
ING FOR THE CARE OF THE MINOR CHILD OR CHILDREN IN THE PARENT'S ABSENCE.
THE SIGNS POSTED PURSUANT TO THIS PARAGRAPH SHALL MAKE THE SPECIFIED
NOTIFICATIONS IN ANY NON-ENGLISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER
OF THE PUBLIC WHO ARE SERVED BY THE POLICE FACILITY OR PLACE OF DETAIN-
MENT.
(D) THE RIGHTS AND DUTIES SET FORTH IN THIS SUBDIVISION SHALL BE
ENFORCED REGARDLESS OF THE ARRESTEE'S IMMIGRATION STATUS.
(E) UPON BEING RELEASED OR TRANSFERRED FOR ANY REASON, OR BEING HELD
FOR IMMIGRATION REASONS, AN ARRESTEE OR DETAINEE SHALL BE INFORMED OF
THE RIGHT TO, AND MAY REQUEST TO MAKE, AT LEAST TWO TELEPHONE CALLS TO
NOTIFY A CHILD CAREGIVER OR FAMILY MEMBER OF THE RELEASE, TRANSFER, OR
HOLD AND THE LOCATION TO WHICH HE OR SHE WILL BE TRANSFERRED OR THE
LOCATION OF RELEASE.
S 2. Subdivision 7 of section 140.20 of the criminal procedure law, as
amended by chapter 96 of the laws of 2010, is amended to read as
follows:
7. (A) Upon arresting a person, other than a juvenile offender, for
any offense without a warrant, a police officer shall, upon the arrested
person's request, permit him or her to communicate by telephone provided
by the law enforcement facility where the defendant is held to a phone
number located in the United States or Puerto Rico, for the purposes of
obtaining counsel and informing a relative or friend that he or she has
been arrested, unless granting the call will compromise an ongoing
investigation or the prosecution of the defendant.
(B) EXCEPT WHERE PHYSICALLY IMPOSSIBLE, NO LATER THAN THREE HOURS
AFTER ARREST, THE ARRESTING OR BOOKING OFFICER SHALL INQUIRE AS TO
WHETHER THE ARRESTED PERSON IS A CUSTODIAL PARENT WITH RESPONSIBILITY
FOR A MINOR CHILD. THE ARRESTING OR BOOKING OFFICER SHALL NOTIFY THE
ARRESTED PERSON WHO IS A CUSTODIAL PARENT WITH RESPONSIBILITY FOR A
MINOR CHILD THAT HE OR SHE IS ENTITLED TO, AND MAY REQUEST TO MAKE, TWO
ADDITIONAL TELEPHONE CALLS AT NO EXPENSE IF THE TELEPHONE CALLS ARE
COMPLETED TO TELEPHONE NUMBERS WITHIN THE LOCAL CALLING AREA, OR AT HIS
OR HER OWN EXPENSE IF OUTSIDE THE LOCAL CALLING AREA, TO A RELATIVE OR
OTHER PERSON FOR THE PURPOSE OF ARRANGING FOR THE CARE OF THE MINOR
CHILD OR CHILDREN IN THE PARENT'S ABSENCE. SUCH TELEPHONE CALLS SHALL BE
GIVEN IMMEDIATELY UPON REQUEST, OR AS SOON AS PRACTICABLE. THE NOTICE
REQUIRED BY THIS PARAGRAPH SHALL BE CONDUCTED IN THE ARRESTEE'S PRIMARY
LANGUAGE AND CAN BE CONDUCTED EITHER BY THE ARRESTING OFFICER OR OTHER
REPRESENTATIVE OF THE ARRESTING AGENCY OR THROUGH AN ORAL INTERPRETATION
TELEPHONE SERVICE THAT THE ARRESTING AGENCY BELIEVES IS COMPETENT TO
PROVIDE THESE SERVICES.
(C) AT ANY POLICE FACILITY OR PLACE WHERE AN ARRESTEE IS DETAINED, A
SIGN CONTAINING THE FOLLOWING INFORMATION IN BOLD BLOCK TYPE SHALL BE
A. 4694 3
POSTED IN A CONSPICUOUS PLACE: THAT THE ARRESTEE, IF HE OR SHE IS A
CUSTODIAL PARENT WITH RESPONSIBILITY FOR A MINOR CHILD, HAS THE RIGHT TO
TWO ADDITIONAL TELEPHONE CALLS WITHIN THE LOCAL DIALING AREA, OR AT HIS
OR HER OWN EXPENSE IF OUTSIDE THE LOCAL AREA, FOR THE PURPOSE OF ARRANG-
ING FOR THE CARE OF THE MINOR CHILD OR CHILDREN IN THE PARENT'S ABSENCE.
THE SIGNS POSTED PURSUANT TO THIS PARAGRAPH SHALL MAKE THE SPECIFIED
NOTIFICATIONS IN ANY NON-ENGLISH LANGUAGE SPOKEN BY A SUBSTANTIAL NUMBER
OF THE PUBLIC WHO ARE SERVED BY THE POLICE FACILITY OR PLACE OF DETAIN-
MENT.
(D) THE RIGHTS AND DUTIES SET FORTH IN THIS SUBDIVISION SHALL BE
ENFORCED REGARDLESS OF THE ARRESTEE'S IMMIGRATION STATUS.
(E) UPON BEING RELEASED OR TRANSFERRED FOR ANY REASON, OR BEING HELD
FOR IMMIGRATION REASONS, AN ARRESTEE OR DETAINEE SHALL BE INFORMED OF
THE RIGHT TO, AND MAY REQUEST TO MAKE, AT LEAST TWO TELEPHONE CALLS TO
NOTIFY A CHILD CAREGIVER OR FAMILY MEMBER OF THE RELEASE, TRANSFER, OR
HOLD AND THE LOCATION TO WHICH HE OR SHE WILL BE TRANSFERRED OR THE
LOCATION OF RELEASE.
S 3. This act shall take effect immediately.