Assembly Bill A7158

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7158
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   the chance to help notification act
 
   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 "chance to help notification 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] SUCH JUVENILE OFFENDER, ADOLESCENT OFFEN-
 DER OR YOUTH'S care or the person with whom [he] SUCH JUVENILE OFFENDER,
 ADOLESCENT OFFENDER OR YOUTH is domiciled, that the juvenile offender or
 adolescent offender OR YOUTH has been arrested, and the location of  the
 facility where [he] SUCH JUVENILE OFFENDER, ADOLESCENT OFFENDER OR YOUTH
 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 SUCH YOUTH 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.
   § 3. 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:
   6.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION 720.10 OF  THIS  CHAPTER  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07222-01-5
              

 A. 7158                             2
 
 parent  or  other person legally responsible for [his or her] SUCH JUVE-
 NILE OFFENDER OR YOUTH'S care or the person with whom [he or  she]  SUCH
 JUVENILE  OFFENDER  OR  YOUTH is domiciled, that such offender or person
 has  been  arrested,  and the location of the facility where [he or she]
 SUCH JUVENILE OFFENDER OR YOUTH 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 SUCH YOUTH  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. If the officer determines that it is necessary to
 question a juvenile offender or such person, the officer must take  [him
 or  her]  SUCH JUVENILE OFFENDER OR SUCH PERSON 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]  SUCH JUVENILE OR PERSON'S residence and there question [him or
 her] SUCH JUVENILE OR PERSON for a reasonable period of time. A juvenile
 or such person shall not be questioned pursuant to this  section  unless
 [he  or  she]  SUCH  JUVENILE OR SUCH PERSON 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,  YOUTH  OR  SUCH  PERSON'S
 right to have an attorney present at such questioning; and
   (d)  of  [his  or  her] SUCH JUVENILE OFFENDER, YOUTH OR SUCH PERSON'S
 right to have an attorney provided for [him or her] SUCH JUVENILE OFFEN-
 DER, 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  or
 person,  [his  or her] SUCH JUVENILE OFFENDER OR PERSON'S age, the pres-
 ence or absence of [his or  her]  SUCH  JUVENILE  OFFENDER  OR  PERSON'S
 parents or other persons legally responsible for [his or her] SUCH JUVE-
 NILE  OFFENDER OR PERSON'S care and notification pursuant to this subdi-
 vision shall be included among relevant considerations.
   § 4. Section 150.20 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4. UPON ISSUING TO AND SERVING AN  APPEARANCE  TICKET  AS  DEFINED  IN
 SUBDIVISION  ONE  OF  SECTION  150.10  OF  THIS  ARTICLE UPON A YOUTH AS
 DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, THE POLICE
 OFFICER SHALL NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR
 SUCH  YOUTH'S CARE OR THE PERSON WITH WHOM SUCH YOUTH IS DOMICILED, THAT
 SUCH YOUTH HAS BEEN SERVED WITH AN APPEARANCE TICKET, THE TIME SET FORTH
 IN SUCH APPEARANCE TICKET FOR THE YOUTH'S APPEARANCE BEFORE  A  CRIMINAL
 COURT  AND THE OFFENSE OF WHICH SUCH YOUTH IS CHARGED, 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 SUCH YOUTH 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.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.