BILL NUMBER: S4763A
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 are notified
when their child is arrested
 
PURPOSE:
This legislation mandates parental or guardian notification whenever a
youth up to the age of 19 is arrested or issued an appearance ticket,
enhancing safeguards for young individuals during interactions with law
enforcement unless such notification would endanger the youth.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Designates the act as the "family notification and protection
act.If
Section 2. Amends Section 120.90 of the criminal procedure law to
require immediate parental notification upon the arrest of a youth,
detailing specific conditions and exceptions to this requirement.
Section 3-4. Amends various sections of the criminal procedure law to
ensure that responsible adults are notified under certain conditions
when a youth is arrested or released.
Section 5. Amends the social services law to expand the definition of
"sexually exploited child" to include individuals under 19, ensuring
they have access to appropriate protective services.
Section 6. Effective date.
 
JUSTIFICATION:
Youth, particularly those under legal adulthood, are in a vulnerable
position when arrested or detained. Current laws do not guarantee that
parents, who are crucial in providing support and making informed deci-
sions, are notified of such incidents. This bill ensures that guardians
are informed, promoting transparency and accountability within the juve-
nile justice system. It also protects the interests and well-being of
the youth involved by involving an adult who can provide immediate
support and make necessary decisions.
 
FISCAL IMPLICATIONS:
To be determined.
 
SOCAL IMPACT:
Enhances protections for minors by ensuring parental involvement during
critical interactions with law enforcement. May reduce the psychological
impact of arrest on youth by ensuring supportive adult presence, reduc-
ing potential trauma and anxiety associated with such events.
 
ECONOMIC AND EMPLOYMENT IMPACT:
Minimal direct impact: however, improved juvenile justice procedures may
reduce long-term social costs associated with youth criminalization. May
require additional training for law enforcement on the new procedures,
leading to potential minor increases in administrative costs.
 
ENVIRONMENTAL AND INFRASTRUCTURAL IMPACT:
None.
 
PRIOR LEGISLATIVE HISTORY:
2019-20: S733 - Referred to Codes
2021-22: S4054 - Referred to Codes
2023-24: S754A - Passed Senate
 
EFFECTIVE DATE:
This act shall take effect on the first of November after the bill
becomes law.

Statutes affected:
S4763: 120.90 criminal procedure law, 120.90(7) criminal procedure law
S4763A: 120.90 criminal procedure law, 120.90(7) criminal procedure law