New York 2025-2026 Regular Session

New York Assembly Bill A07158 Latest Draft

Bill / Introduced Version Filed 03/21/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 7158 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "chance to help notification act". 3 § 2. Subdivision 7 of section 120.90 of the criminal procedure law, as 4 amended by section 16 of part WWW of chapter 59 of the laws of 2017, is 5 amended to read as follows: 6 7. Upon arresting a juvenile offender or adolescent offender or youth 7 as defined in subdivision one of section 720.10 of this chapter, the 8 police officer shall immediately notify the parent or other person 9 legally responsible for [his] such juvenile offender, adolescent offen- 10 der or youth's care or the person with whom [he] such juvenile offender, 11 adolescent offender or youth is domiciled, that the juvenile offender or 12 adolescent offender or youth has been arrested, and the location of the 13 facility where [he] such juvenile offender, adolescent offender or youth 14 is being detained, provided that the police officer need not notify the 15 parent or other person legally responsible for such youth's care or the 16 person with whom such youth is domiciled when such youth is not also a 17 juvenile offender and the notification of a parent or other person would 18 endanger the health or safety of such youth. 19 § 3. Subdivision 6 of section 140.20 of the criminal procedure law, as 20 amended by section 20 of part WWW of chapter 59 of the laws of 2017, is 21 amended to read as follows: 22 6. Upon arresting a juvenile offender or youth as defined in subdivi- 23 sion one of section 720.10 of this chapter or a person sixteen or 24 commencing October first, two thousand nineteen, seventeen years of age 25 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 1 parent or other person legally responsible for [his or her] such juve- 2 nile offender or youth's care or the person with whom [he or she] such 3 juvenile offender or youth is domiciled, that such offender or person 4 has been arrested, and the location of the facility where [he or she] 5 such juvenile offender or youth is being detained, provided that the 6 police officer need not notify the parent or other person legally 7 responsible for such youth's care or the person with whom such youth is 8 domiciled when such youth is not also a juvenile offender and the 9 notification of a parent or other person would endanger the health or 10 safety of such youth. If the officer determines that it is necessary to 11 question a juvenile offender or such person, the officer must take [him 12 or her] such juvenile offender or such person to a facility designated 13 by the chief administrator of the courts as a suitable place for the 14 questioning of children or, upon the consent of a parent or other person 15 legally responsible for the care of the juvenile or such person, to [his 16 or her] such juvenile or person's residence and there question [him or 17 her] such juvenile or person for a reasonable period of time. A juvenile 18 or such person shall not be questioned pursuant to this section unless 19 [he or she] such juvenile or such person and a person required to be 20 notified pursuant to this subdivision, if present, have been advised: 21 (a) of the juvenile offender's, youth's or such person's right to 22 remain silent; 23 (b) that the statements made by [him or her] such juvenile offender, 24 youth or such person may be used in a court of law; 25 (c) of [his or her] such juvenile offender, youth or such person's 26 right to have an attorney present at such questioning; and 27 (d) of [his or her] such juvenile offender, youth or such person's 28 right to have an attorney provided for [him or her] such juvenile offen- 29 der, youth or such person without charge if [he or she] such juvenile 30 offender, youth or such person is unable to afford counsel. 31 In determining the suitability of questioning and determining the 32 reasonable period of time for questioning such a juvenile offender or 33 person, [his or her] such juvenile offender or person's age, the pres- 34 ence or absence of [his or her] such juvenile offender or person's 35 parents or other persons legally responsible for [his or her] such juve- 36 nile offender or person's care and notification pursuant to this subdi- 37 vision shall be included among relevant considerations. 38 § 4. Section 150.20 of the criminal procedure law is amended by adding 39 a new subdivision 4 to read as follows: 40 4. Upon issuing to and serving an appearance ticket as defined in 41 subdivision one of section 150.10 of this article upon a youth as 42 defined in subdivision one of section 720.10 of this chapter, the police 43 officer shall notify the parent or other person legally responsible for 44 such youth's care or the person with whom such youth is domiciled, that 45 such youth has been served with an appearance ticket, the time set forth 46 in such appearance ticket for the youth's appearance before a criminal 47 court and the offense of which such youth is charged, provided that the 48 police officer need not notify the parent or other person legally 49 responsible for such youth's care or the person with whom such youth is 50 domiciled when such youth is not also a juvenile offender and the 51 notification of a parent or other person would endanger the health or 52 safety of such youth. 53 § 5. This act shall take effect on the first of January next succeed- 54 ing the date on which it shall have become a law.