Bill Text: NY S00741 | 2019-2020 | General Assembly | Introduced

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Bill Title: Directs the superintendent of state police to develop and institute child-sensitive arrest policies and procedures for instances where police are arresting an individual who is a parent, guardian or other person legally charged with the care or custody of a child.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO FINANCE [S00741 Detail]

Download: New_York-2019-S00741-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           741
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sens.  MONTGOMERY, BAILEY, PARKER, PERSAUD -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Finance
        AN ACT to amend the executive law and the  criminal  procedure  law,  in
          relation  to  directing  the superintendent of state police to develop
          and institute  child-sensitive  arrest  policies  and  procedures  for
          instances  where  police  are arresting an individual who is a parent,
          guardian or other person legally charged with the care or custody of a
          child
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The executive law is amended by adding a new section 214-g
     2  to read as follows:
     3    § 214-g. Child-sensitive arrests. The superintendent, in  consultation
     4  with  the  office  of  children  and family services and the division of
     5  criminal justice services, shall develop, maintain  and  disseminate  to
     6  all  members  of  the  state police, including new and veteran officers,
     7  written policies and procedures, regarding child-sensitive arrest  prac-
     8  tices.  Such policies and procedures shall ensure the identification and
     9  safety of a child less than eighteen years old when such child's parent,
    10  guardian,  or  other  person legally charged with the care or custody of
    11  such child is arrested.  Such policies and procedures shall include, but
    12  not be limited to:
    13    (a) procedures to ensure that state police officers inquire and  docu-
    14  ment  whether  an  arrestee  is  the  parent, guardian or person legally
    15  charged with the care or custody of a child;
    16    (b) procedures to allow for the arrangement of temporary care for  the
    17  child  of  an  arrested parent, guardian or other person legally charged
    18  with the care or custody of such child to ensure such child's safety and
    19  well-being, which may include allowing the arrested parent, guardian  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03434-01-9
        S. 741                              2
     1  other  person  legally charged with the care or custody of such child to
     2  place additional phone calls to arrange for child care;
     3    (c)  education  on  how  witnessing  violence causes emotional harm to
     4  children and how law enforcement can assist in minimizing the impact  of
     5  such harm; and
     6    (d)  information  on  the  availability  of  access to community-based
     7  providers of crisis intervention, child protection and other  supportive
     8  resources  that  could  aid the child of an arrested parent, guardian or
     9  other person legally charged with the care or custody of such child.
    10    § 2. Subdivision 3 of section 840 of the executive law is  amended  by
    11  adding a new paragraph (f-2) to read as follows:
    12    (f-2)  Developing, maintaining and disseminating, in consultation with
    13  the office of children and family services, written policies and  proce-
    14  dures  regarding  child-sensitive  arrest  practices.  Such policies and
    15  procedures shall ensure the identification and safety of  a  child  less
    16  than  eighteen  years  old  when such child's parent, guardian, or other
    17  person legally charged with  the  care  or  custody  of  such  child  is
    18  arrested.  Such polices and procedures shall include, but not be limited
    19  to:
    20    (1) procedures to ensure that local law enforcement  officers  inquire
    21  and  document  whether  an  arrestee  is  the parent, guardian or person
    22  legally charged with the care or custody of a child;
    23    (2) procedures to allow for the arrangement of temporary care for  the
    24  child  of  an  arrested parent, guardian or other person legally charged
    25  with the care or custody of such child to ensure such child's safety and
    26  well-being, which may include allowing the arrested parent, guardian  or
    27  other  person  legally charged with the care or custody of such child to
    28  place additional phone calls to arrange for child care;
    29    (3) education on how witnessing  violence  causes  emotional  harm  to
    30  children  and how law enforcement can assist in minimizing the impact of
    31  such harm; and
    32    (4) information on  the  availability  of  access  to  community-based
    33  providers  of crises intervention, child protection and other supportive
    34  resources that could aid the child of an arrested  parent,  guardian  or
    35  other person legally charged with the care or custody of such child;
    36    §  3. The criminal procedure law is amended by adding two new sections
    37  120.85 and 140.17 to read as follows:
    38  § 120.85 Child-sensitive arrests.
    39    A state or local law enforcement officer  who  arrests  an  individual
    40  shall, at the time of the arrest, inquire whether such individual is the
    41  parent, guardian or other person legally charged with the care or custo-
    42  dy  of  a  child  less  than  eighteen years old who may be at risk as a
    43  result of the arrest. The  officer  shall  make  reasonable  efforts  to
    44  ensure  the  safety  of  such  child in accordance with the policies and
    45  procedures established pursuant to section  two  hundred  fourteen-g  or
    46  paragraph  (f-2)  of subdivision three of section eight hundred forty of
    47  the executive law as applicable.
    48  § 140.17 Child-sensitive arrests.
    49    A state or local law enforcement officer  who  arrests  an  individual
    50  shall, at the time of the arrest, inquire whether such individual is the
    51  parent, guardian or other person legally charged with the care or custo-
    52  dy  of  a  child  less  than  eighteen years old who may be at risk as a
    53  result of the arrest. The  officer  shall  make  reasonable  efforts  to
    54  ensure  the  safety  of  such  child in accordance with the policies and
    55  procedures established pursuant to section  two  hundred  fourteen-g  or
        S. 741                              3
     1  paragraph  (f-2)  of subdivision three of section eight hundred forty of
     2  the executive law as applicable.
     3    § 4. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.