BILL NUMBER: S4763
SPONSOR: BAILEY
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
In the event a juvenile offender, adolescent offender, or youth is
arrested or issued an appearance ticket, this legislation will ensure
that parents are notified of such an occurrence and their child's where-
abouts, unless doing so will endanger the child. The bill also proposes
other measures to ensure that arrested youth are safe, and that a parent
and/or other responsible adult is involved in the overall arrest and
resolution process.
 
SUMMARY OF PROVISIONS:
Sections two and three of the bill amend various sections of the crimi-
nal procedure law, while section four amends the social services law.
The new law will require that when a youth -- at least 16 but younger
than 19 -- is arrested or issued an appearance ticket, the police offi-
cer arresting them shall immediately notify a parent or other person
legally responsible for the youth. The officer must notify that the
youth has been arrested and give the location of where the youth is
being detained. This requirement is waived if the arrested person is a
juvenile offender or if contacting a parent or guardian would endanger
the youth.
If a parent or other person legally responsible for the youth cannot be
reached, the police officer must issue an appearance ticket and release
the youth to an adult family member or unrelated adult who is at least
twenty-five years old. If there is no available person to whom the youth
can be released, the police officer must release the youth with an
appearance ticket and inform him or her that he or she may request a
ride home, or if it appears that the youth is a "sexually exploited
child," he or she can be driven to a "short-term safe house."
Additionally, the bill requires that an officer must issue an appearance
ticket and release the youth in the same manner described above if: (1)
he or she has been arrested for a non-violent class B, C, or B felony,
and the local criminal court is unavailable, or (2) the arrest is for
something other than an A, B, C, or B felony or other specified
offenses.
The bill amends the social services law by expanding the definition of
"sexually exploited child" to include any person under the age of nine-
teen. A "sexually exploited child," as defined in subdivision one of
section 447-a of the social services law, is a child under the age of
nineteen who has been subject to sexual exploitation either because he
or she (1) is the victim of sex trafficking; (2) engages in prostitu-
tion; (3) is a victim of the crime compelling prostitution; or (4)
engages in any acts under article 263 of the penal law. Currently, the
social services law allows such a child to be brought to a "short-term
safe house" following an arrest. This legislation would include people
under the age of nineteen to allow 18-year-olds to have access to the
"short-term safe house" as well.
 
JUSTIFICATION:
New York is one of only two states in our nation to set the age of crim-
inal responsibility at 16. For certain crimes, a child could be adjudi-
cated as an adult.
This means that childhood decisions will have a devastating effect on
the lives of many young men and women. As a beacon of progressive think-
ing on most other issues, New York must be on par with the rest of the
nation and raise the age of criminal responsibility.
However, in the meantime, New York must at least take a step in the
right direction. Currently, since teens age 16 and up are considered
adults in the eyes of the law, their parents are not notified upon
arrest. Although the arrested person has the right to make a phone call,
there is no guarantee that they will contact their parents. This leaves
many parents worried when their child does not return home.
This bill will require a police officer to notify the parents when their
teenager is arrested or issued an appearance ticket, unless doing so
would put the teen in danger. Furthermore, if the parent or legal guard-
ian is unavailable, the police officer is required to contact another
adult; if no adult is available, the officer must give the teen a ride
home upon request. In the case of a "sexually exploited child," the
officer may give the teen a ride to a "short-term safe house" instead of
their home.
This legislation is important, as it protects our children and will give
peace of mind to parents. New York must take this first step on the long
road toward raising the age of criminal responsibility.
 
PRIOR LEGISLATIVE HISTORY:
2019-20: S733 - Referred to Codes
2021-22: S4054 - Referred to Codes
2023-24: S754A - Passed Senate
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

Statutes affected:
S4763: 120.90 criminal procedure law, 120.90(7) criminal procedure law