S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3664
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2025
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, WILLIAMS, GIBBS, MEEKS, SIMON,
   SHIMSKY -- 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

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. 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. 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] THEIR care or the person with whom [he is]
 THEY   ARE  domiciled,  that  the  juvenile  offender  [or],  adolescent
 offender, OR YOUTH has been arrested, and the location of  the  facility
 where  [he is] THEY ARE 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 THEY ARE 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.
   §  3. Subdivisions 1, 2 and 6 of section 140.20 of the criminal proce-
 dure law, subdivision 1 as amended by chapter 549 of the laws  of  1987,
 paragraphs  (a) and (b) of subdivision 1 as amended by chapter 23 of the
 laws of 2024, paragraph (c) of subdivision 1 as  separately  amended  by
 chapter  382  of  the  laws  of  1987, paragraph (d) of subdivision 1 as
 amended and paragraph (e) as added by chapter 492 of the laws  of  2016,
 subdivision 2 as amended by section 3 of subpart B of part VV of chapter
 56  of the laws of 2023, the opening paragraph of subdivision 2 as sepa-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07229-01-5
              

 A. 3664                             2
 
 rately amended by chapter 23 of the laws of 2024, and subdivision  6  as
 amended by section 20 of part WWW of chapter 59 of the laws of 2017, are
 amended to read as follows:
   1.  Upon arresting a person without a warrant, a police officer, after
 performing without unnecessary delay all recording,  fingerprinting  and
 other  preliminary  police  duties required in the particular case, must
 except as otherwise provided in this section, without unnecessary  delay
 bring  the  arrested  person  or  cause  [him] THE ARRESTED PERSON to be
 brought before a local criminal court and file therewith an  appropriate
 accusatory  instrument  charging [him] THEM with the offense or offenses
 in question. The arrested person must be brought to the particular local
 criminal court, or to one of them if there be more than one,  designated
 in section 100.55 OF THIS TITLE as an appropriate court for commencement
 of the particular action; except that:
   (a)  If  the  arrest is for an offense other than a class A, B, C or D
 felony or a violation of section 130.25, former section 130.40,  section
 205.10,  205.17,  205.19 or 215.56 of the penal law committed in a town,
 but not in a village thereof having a village court, and the town  court
 of  such  town  is not available at the time, the arrested person may be
 brought before the local criminal court of any village within such  town
 or,  any  adjoining  town,  village embraced in whole or in part by such
 adjoining town, or city of the same county; and
   (b) If the arrest is for an offense other than a class A, B,  C  or  D
 felony  or a violation of section 130.25, former section 130.40, section
 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village
 having a village court and such court is not available at the time,  the
 arrested person may be brought before the town court of the town embrac-
 ing  such  village  or  any other village court within such town, or, if
 such town or village court is not available  either,  before  the  local
 criminal  court  of  any adjoining town, village embraced in whole or in
 part by such adjoining town, or city of the same county; and
   (c) If the arrest is for an offense committed in a city, and the  city
 court  thereof  is not available at the time, the arrested person may be
 brought before the  local  criminal  court  of  any  adjoining  town  or
 village, or village court embraced by an adjoining town, within the same
 county as such city; and
   (d)  If  the  arrest  is for a traffic infraction or for a misdemeanor
 relating to traffic, the police officer may,  instead  of  bringing  the
 arrested  person before the local criminal court of the political subdi-
 vision or locality in which the offense was allegedly  committed,  bring
 [him  or  her]  THEM  before the local criminal court of the same county
 nearest available by highway travel to the point of arrest; and
   (e) IF THE ARRESTED PERSON IS AT LEAST SIXTEEN YEARS OLD AND LESS THAN
 NINETEEN YEARS OLD, AND IF THE ARREST IS FOR A NON-VIOLENT CLASS  B,  C,
 OR  D  FELONY (EXCEPT 125.12, 263.05, 263.10, 263.15, 263.30, OR 470.23)
 OR A VIOLATION OF SECTION 130.25, FORMER SECTION 130.40, 205.10, 205.17,
 205.19 OR 215.56 OF THE PENAL LAW, AND THE LOCAL CRIMINAL COURT  IS  NOT
 AVAILABLE  THE OFFICER SHALL MAKE EVERY REASONABLE EFFORT TO GIVE NOTICE
 TO THE PARENT, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THEIR CARE OR THE
 PERSON WITH WHOM THEY ARE DOMICILED; OR
   (F) Notwithstanding any other provision of this section, where a local
 criminal court in the county in which the defendant is arrested is oper-
 ating an off-hours arraignment part designated in accordance with  para-
 graph  (w) of subdivision one of section two hundred twelve of the judi-
 ciary law at the time of defendant's arrest, the arrested person may  be
 brought before such local criminal court.
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   2.  If  the  arrest  is for an offense other than a class A, B, C or D
 felony or a violation of section 130.25, former section 130.40,  section
 205.10,  205.17,  205.19 or 215.56 of the penal law, or other than where
 an arrest is required to be made pursuant to subdivision four of section
 140.10 of this article, the arrested person need not be brought before a
 local criminal court as provided in subdivision one OF THIS SECTION, and
 the procedure may instead be as follows:
   (a) A police officer may issue and serve an appearance ticket upon the
 arrested  person  and  release [him] THEM from custody, as prescribed in
 subdivision two of section 150.20 of this title; or
   (b) The desk officer in charge at a police  station,  county  jail  or
 police  headquarters,  or  any of [his] THEIR superior officers, may, in
 such place fix pre-arraignment bail and, upon deposit thereof, issue and
 serve an appearance ticket upon the arrested person  and  release  [him]
 THEM from custody.
   IF  THE  ARRESTED PERSON IS OLDER THAN SIXTEEN YEARS OLD BUT LESS THAN
 NINETEEN YEARS OLD, THE OFFICER SHALL FOLLOW THE PROCEDURE AS PRESCRIBED
 IN PARAGRAPH (F) OF SUBDIVISION ONE OF THIS SECTION.
   6. Upon arresting a  juvenile  offender  [or],  a  person  sixteen  or
 commencing October first, two thousand nineteen, seventeen years of age,
 OR YOUTH AS DEFINED IN SUBDIVISION 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]  THEIR  care
 or  the  person  with  whom [he or she is] THEY ARE domiciled, that such
 offender or person has been arrested, and the location of  the  facility
 where  [he  or she is] THEY ARE 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 THEY ARE 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, HOWEVER THE POLICE OFFICER MUST MAKE EVERY REASONABLE  EFFORT  TO
 CONTACT  AN  ADULT  FAMILY  MEMBER OR AN UNRELATED ADULT OVER THE AGE OF
 TWENTY-FIVE. If the officer determines that it is necessary to  question
 a  juvenile  offender, YOUTH, or such person, the officer must take [him
 or her] THEM 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 OFFENDER, YOUTH or such person, to [his or her] THEIR resi-
 dence  and there question [him or her] SUCH JUVENILE OFFENDER, YOUTH, OR
 SUCH PERSON for a reasonable period of time. A juvenile OFFENDER, YOUTH,
 or such person shall not be questioned pursuant to this  section  unless
 [he  or  she] THEY and a person required to be notified pursuant to this
 subdivision, if present, have been advised:
   (a) of the juvenile offender's, YOUTH'S, or  such  person's  right  to
 remain silent;
   (b)  that  the statements made by [him or her] SUCH JUVENILE OFFENDER,
 YOUTH, OR SUCH PERSON may be used in a court of law;
   (c) of [his  or  her]  SUCH  JUVENILE  OFFENDER'S,  YOUTH'S,  OR  SUCH
 PERSON'S right to have an attorney present at such questioning; and
   (d)  of  [his  or  her]  SUCH  JUVENILE  OFFENDER'S,  YOUTH'S, OR SUCH
 PERSON'S right to have an attorney provided for [him or her] SUCH  JUVE-
 NILE  OFFENDER, YOUTH, OR SUCH PERSON without charge if [he or she] SUCH
 JUVENILE OFFENDER, YOUTH, OR SUCH PERSON is unable to afford counsel.
   In determining the suitability  of  questioning  and  determining  the
 reasonable  period  of  time  for  questioning such a juvenile offender,
 YOUTH, or person, [his or her] SUCH  JUVENILE  OFFENDER'S,  YOUTH'S,  OR
 A. 3664                             4

 SUCH PERSON'S age, the presence or absence of [his or her] SUCH JUVENILE
 OFFENDER'S,  YOUTH'S,  OR SUCH PERSON'S parents or other persons legally
 responsible for [his or her] SUCH JUVENILE OFFENDER'S, YOUTH'S, OR  SUCH
 PERSON'S  care  and  notification  pursuant to this subdivision shall be
 included among relevant considerations.
   § 4. Subdivisions 1 and 2 of section 447-a of the social services law,
 subdivision 1 as amended by chapter 189 of the laws of 2018,  paragraphs
 (c)  and  (d)  of  subdivision 1 as amended by chapter 23 of the laws of
 2021, and subdivision 2 as amended by section 8 of part M of chapter  56
 of the laws of 2017, are amended to read as follows:
   1.  The term "sexually exploited child" means any person under the age
 of [eighteen] NINETEEN who  has  been  subject  to  sexual  exploitation
 because [he or she] THEY:
   (a)  [is] ARE the victim of the crime of sex trafficking as defined in
 section 230.34 of the penal law or the crime of  sex  trafficking  of  a
 child as defined in section 230.34-a of the penal law;
   (b)  [engages]  ENGAGE  in any act as defined in section 230.00 of the
 penal law;
   (c) [is] ARE a victim of  the  crime  of  compelling  prostitution  as
 defined in section 230.33 of the penal law; OR
   (d)  [engages]  ENGAGE  in  acts  or  conduct described in article two
 hundred sixty-three of the penal law.
   2. The term "short-term safe house" means a residential facility oper-
 ated by an authorized agency as defined in subdivision  ten  of  section
 three hundred seventy-one of this article including a residential facil-
 ity  operating  as  part of a runaway and homeless youth crisis services
 program as defined in subdivision four of section five  hundred  thirty-
 two-a of the executive law or a not-for-profit agency with experience in
 providing  services  to sexually exploited youth and approved in accord-
 ance with the regulations of the office of children and family  services
 that provides emergency shelter, services and care to sexually exploited
 children including food, shelter, clothing, medical care, counseling and
 appropriate crisis intervention services at the time they are taken into
 custody  by law enforcement and for the duration of any legal proceeding
 or proceedings in which they are either the complaining witness  or  the
 subject  child. The short-term safe house shall also be available at the
 point in time that a child under the  age  of  [eighteen]  NINETEEN  has
 first  come  into  the  custody  of  juvenile  detention  officials, law
 enforcement, local jails or the local commissioner of social services or
 is residing with the local runaway and homeless youth authority.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.