Assembly Bill A7497

2021-2022 Legislative Session

Ensures that parents and guardians of youth up to age 19 are notified when their child is arrested or issued an appearance ticket

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Archive: Last Bill Status - In Assembly 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

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2021-A7497 (ACTIVE) - Details

See Senate Version of this Bill:
S4054
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.90, 140.20 & 150.20, CP L; amd §447-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7115, S3568
2015-2016: A6484, S1325
2017-2018: A7062, S5154
2019-2020: A8801, S733
2023-2024: A1063, S2754

2021-A7497 (ACTIVE) - Summary

Relates to the issuance of arrest warrants and appearance tickets upon a youth; provides for the police officer to immediately notify the parent or other person legally responsible for the care of such youth with whom the youth is domiciled that the youth has been arrested; provides further that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth; amends provisions relating to sexually exploited children to include persons under the age of nineteen.

2021-A7497 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7497
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the criminal procedure law and the social services  law,
   in  relation to ensuring that parents and guardians of youth up to age
   19 are notified when their child is arrested or issued  an  appearance
   ticket

   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  "family
 notification and protection act".
   § 2. 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. (A) Upon arresting a juvenile offender [or],  adolescent  offender,
 OR  YOUTH  AS  DEFINED  IN  SUBDIVISION  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 adolescent offen-
 der,  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.
   (B)(I) AFTER MAKING EVERY REASONABLE EFFORT  TO  GIVE  NOTICE  TO  THE
 PARENT,  OR  OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE OR THE
 PERSON WITH WHOM HE OR SHE IS DOMICILED, THE  OFFICER  SHALL  ISSUE  AND
 SERVE  AN  APPEARANCE TICKET UPON THE ARRESTED PERSON AND RELEASE HIM OR
 HER TO THE CUSTODY OF AN ADULT FAMILY MEMBER OR AN UNRELATED  ADULT  AGE
 TWENTY-FIVE OR OVER; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08214-01-1
              

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