Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
May 07, 2018 |
advanced to third reading |
May 02, 2018 |
2nd report cal. |
May 01, 2018 |
1st report cal.1010 |
Apr 24, 2018 |
referred to codes |
Senate Bill S8260
2017-2018 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
Votes
2017-S8260 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10855
- Current Committee:
- Senate Rules
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§120.90, 140.20, 140.27, 140.40, 722.00 & 722.10, CP L
2017-S8260 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8260 SPONSOR: LANZA TITLE OF BILL: An act to amend the criminal procedure law, in relation to notification to, and engagement of, parents in proceedings involving sixteen and seventeen year old defendants in youth parts in superior courts This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. Last year's statute raising the age of criminal responsibility requires law enforcement, upon the arrests of 16-year olds starting in October, 2018, and 17-year olds starting in October, 2019, to notify parents or other persons legally responsible for the adolescents' care (1) where the youth are being held, and (2) if the youth is being interrogated, of the youth's Miranda rights. See Criminal Procedure Law §§ 1.20(7), 140.20(6), 140.27(5), 140.40(5) (L. 2017, c. 59, Pt. WWW). This reflects a salutary recognition of the importance of involving parents and legally responsible individuals involved in adolescents' cases, since these youth are still minors who are dependent upon their families
2017-S8260 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8260 I N S E N A T E April 24, 2018 ___________ Introduced by Sen. LANZA -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to notification to, and engagement of, parents in proceedings involving sixteen and seventeen year old defendants in youth parts in superior courts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 120.90 of the criminal procedure law, as amended by section 16 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: 7. Upon arresting a juvenile offender or adolescent offender, 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 adolescent offender has been arrested, [and] the location of the facility where he OR SHE is being detained OR QUESTIONED AND THE LOCATION OF THE COURT WHERE HE OR SHE WILL BE ARRAIGNED OR APPEAR, AS WELL AS THE DATE AND APPROXIMATE TIME IF KNOWN. § 2. The opening paragraph of subdivision 6 of section 140.20 of the criminal procedure law, as amended by section 20 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: Upon arresting a juvenile offender or a person sixteen or commencing October first, two thousand nineteen, seventeen years of age 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 such offender or person has been arrested, and the location of the facility where he or she is being detained OR QUESTIONED AND THE LOCATION OF THE COURT WHERE HE OR SHE WILL BE ARRAIGNED OR APPEAR, AS WELL AS THE DATE AND APPROXIMATE TIME IF KNOWN. If the officer determines that it is necessary to question a juvenile offender or such person, the officer must take him or her to a facility designated by the chief administrator of the courts as a suitable place for the questioning of children or, upon the consent of a parent or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.