S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7705
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WALKER -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  issuance  of
   appearance  tickets to adolescent offenders pending appearances before
   youth parts of superior courts of criminal jurisdiction

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of subdivision 2, the opening para-
 graph of subdivision 6 and subdivision 8 of section 140.20 of the crimi-
 nal procedure law, the opening paragraph of subdivision 2 as amended  by
 chapter  550 of the laws of 1987, the opening paragraph of subdivision 6
 as amended by section 20 and subdivision 8 as added  by  section  19  of
 part  WWW  of  chapter  59  of  the laws of 2017, are amended to read as
 follows:
   If the arrest is for an offense other than a class A, B, C or D felony
 or a violation of section 130.25,  130.40,  205.10,  205.17,  205.19  or
 215.56  of  the  penal law OR IF, IN THE CASE OF AN ADOLESCENT OFFENDER,
 THE ARREST IS FOR AN OFFENSE OTHER THAN A CLASS A FELONY  OR  A  VIOLENT
 FELONY  OFFENSE  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 70.02 OF THE
 PENAL LAW, the arrested person need not be brought before a local crimi-
 nal court as provided in subdivision one, and the procedure may  instead
 be 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
 THE PLACE AND DATE AN APPEARANCE TICKET IS RETURNABLE IF THE  ADOLESCENT
 OFFENDER  HAS BEEN GIVEN AN APPEARANCE TICKET. If the officer determines
 that it is necessary to question a juvenile offender or such person, the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10252-02-1

 A. 7705                             2
 
 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  other  person  legally
 responsible  for  the care of the juvenile or such person, to his or her
 residence and there question him or her for a reasonable period of time.
 A juvenile or such person shall  not  be  questioned  pursuant  to  this
 section  unless  he or she and a person required to be notified pursuant
 to this subdivision, if present, have been advised:
   8. [If] EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, IF  the
 arrest  is  for a juvenile offender or adolescent offender other than an
 arrest for a violation or a traffic infraction, such offender  shall  be
 brought  before the youth part of the superior court.  If the youth part
 is not in session, such offender shall be brought before the most acces-
 sible magistrate designated by the appellate  division  of  the  supreme
 court in the applicable department to act as a youth part.
   §  2.  Paragraph  (a)  of  subdivision  1  and subdivisions 2 and 3 of
 section 150.20 of the criminal procedure law, paragraph (a) of  subdivi-
 sion  1  as amended by section 1-a of part JJJ of chapter 59 of the laws
 of 2019 and subdivisions 2 and 3 as amended by chapter 550 of  the  laws
 of 1987, are amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title to arrest a person without a warrant for an offense other
 than a class A, B, C or D felony  or  a  violation  of  section  130.25,
 130.40,  205.10, 205.17, 205.19 or 215.56 of the penal law OR IF, IN THE
 CASE OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER  THAN
 A  CLASS  A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION
 ONE OF SECTION 70.02 OF THE PENAL LAW, he OR SHE shall,  except  as  set
 out  in  paragraph (b) of this subdivision, subject to the provisions of
 subdivisions three and four of section 150.40  of  this  title,  instead
 issue to and serve upon such person an appearance ticket.
   2.  (a)    Whenever  a  police officer has arrested a person without a
 warrant for an offense other than a class A, B,  C  or  D  felony  or  a
 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
 the  penal  law  pursuant to section 140.10 OF THIS TITLE, or IF, IN THE
 CASE OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER  THAN
 A  CLASS  A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION
 ONE OF SECTION 70.02 OF THE PENAL LAW, OR (b) whenever a peace  officer,
 who is not authorized by law to issue an appearance ticket, has arrested
 a  person  for  an  offense  other than a class A, B, C or D felony or a
 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
 the penal law pursuant to section 140.25 OF THIS TITLE  OR  IF,  IN  THE
 CASE  OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER THAN
 A CLASS A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED  IN  SUBDIVISION
 ONE  OF SECTION 70.02 OF THE PENAL LAW, and has requested a police offi-
 cer to issue and serve upon such arrested person  an  appearance  ticket
 pursuant  to  subdivision  four  of section 140.27 OF THIS TITLE, or (c)
 whenever a person has been arrested for an offense other than a class A,
 B, C or D felony or a  violation  of  section  130.25,  130.40,  205.10,
 205.17,  205.19  or  215.56  of  the  penal law OR IF, IN THE CASE OF AN
 ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER THAN A  CLASS  A
 FELONY  OR  A  VIOLENT  FELONY  OFFENSE AS DEFINED IN SUBDIVISION ONE OF
 SECTION 70.02 OF THE PENAL LAW and has been delivered to the custody  of
 an  appropriate police officer pursuant to section 140.40 OF THIS TITLE,
 such police officer may, instead of bringing such person before a  local
 criminal  court and promptly filing or causing the arresting peace offi-
 cer or arresting person  to  file  a  local  criminal  court  accusatory

 A. 7705                             3
 
 instrument  therewith, issue to and serve upon such person an appearance
 ticket.  [The issuance and service of an appearance  ticket  under  such
 circumstances may be conditioned upon a deposit of pre-arraignment bail,
 as provided in section 150.30.]
   3.    A  public  servant other than a police officer, who is specially
 authorized by state law or local law enacted pursuant to the  provisions
 of  the  municipal  home  rule law to issue and serve appearance tickets
 with respect to designated offenses other than class A, B, C or D  felo-
 nies  or violations of section 130.25, 130.40, 205.10, 205.17, 205.19 or
 215.56 of the penal law OR, IN THE CASE OF AN ADOLESCENT  OFFENDER,  THE
 ARREST IS FOR AN OFFENSE OTHER THAN A CLASS A FELONY OR A VIOLENT FELONY
 OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW,
 may  in  such  cases  issue and serve upon a person an appearance ticket
 when he OR SHE has reasonable cause to  believe  that  such  person  has
 committed  a crime, or has committed a petty offense in his OR HER pres-
 ence.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.