Bill Text: NY S01137 | 2013-2014 | General Assembly | Introduced


Bill Title: Requires a parent or other person legally responsible for a minor and the law guardian appointed pursuant to law to be present during questioning by a peace or police officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CHILDREN AND FAMILIES [S01137 Detail]

Download: New_York-2013-S01137-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1137
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and Families
       AN ACT to amend the family court act, in relation to  questioning  of  a
         minor by peace or police officers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 305.2 of the family court act,  as
    2  added by chapter 920 of the laws of 1982, is amended to read as follows:
    3    3. If an officer takes such child into custody or if a child is deliv-
    4  ered  to  him  OR  HER  under section 305.1, he OR SHE shall immediately
    5  notify THE FOLLOWING PERSONS THAT THE CHILD HAS BEEN TAKEN INTO CUSTODY:
    6  (A) the parent, or other person  legally  responsible  for  the  child's
    7  care,  or  if  such legally responsible person is unavailable the person
    8  with whom the child resides, [that the child has been taken into  custo-
    9  dy]  AND (B) IF KNOWN BY THE OFFICER, THE LAW GUARDIAN FOR THE CHILD, IF
   10  ONE  HAS  PREVIOUSLY  BEEN  APPOINTED  PURSUANT  TO  SECTION TWO HUNDRED
   11  FORTY-NINE OF THIS CHAPTER.
   12    S 2. This act shall take effect on the ninetieth day  after  it  shall
   13  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01767-01-3
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