Bill Text: NY S00981 | 2015-2016 | General Assembly | Amended

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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 3-0)

Status: (Introduced - Dead) 2016-01-21 - PRINT NUMBER 981A [S00981 Detail]

Download: New_York-2015-S00981-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         981--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 7, 2015
                                       ___________
        Introduced by Sens. MONTGOMERY, KRUEGER -- read twice and ordered print-
          ed,  and  when  printed to be committed to the Committee on Finance --
          recommitted to the Committee on Finance in accordance with Senate Rule
          6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend  the executive law and the criminal procedure law, in
          relation to developing and instituting child-sensitive arrest policies
          and procedures
          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-e
     2  to read as follows:
     3    § 214-e. 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
    20  other  person  legally charged with the care or custody of such child to
    21  place additional phone calls to arrange for child care;
    22    (c) education on how witnessing  violence  causes  emotional  harm  to
    23  children  and how law enforcement can assist in minimizing the impact of
    24  such harm; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01795-02-6