Senate Bill S1197

2011-2012 Legislative Session

Requires a parent, law guardian or person legally responsible for a minor to be present during questioning by a peace or police officer

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S1197 (ACTIVE) - Details

See Assembly Version of this Bill:
A989
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง305.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S390, A1029
2013-2014: S1137, A6630
2015-2016: S2863, A883
2017-2018: A4910
2019-2020: A633
2021-2022: A1305
2023-2024: A764

2011-S1197 (ACTIVE) - Summary

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.

2011-S1197 (ACTIVE) - Sponsor Memo

2011-S1197 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1197                                                   A. 989

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 5, 2011
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Children and
  Families

IN ASSEMBLY -- Introduced by M. of A. McENENY, BARRON -- read  once  and
  referred 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:

  Section  1. Subdivision 3 of section 305.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  3. If an officer takes such child into custody or if a child is deliv-
ered to him OR HER under section 305.1,  he  OR  SHE  shall  immediately
notify THE FOLLOWING PERSONS THAT THE CHILD HAS BEEN TAKEN INTO CUSTODY:
(A)  the  parent,  or  other  person legally responsible for the child's
care, or if such legally responsible person is  unavailable  the  person
with  whom the child resides, [that the child has been taken into custo-
dy]  AND (B) IF KNOWN BY THE OFFICER, THE LAW GUARDIAN FOR THE CHILD, IF
ONE HAS PREVIOUSLY  BEEN  APPOINTED  PURSUANT  TO  SECTION  TWO  HUNDRED
FORTY-NINE OF THIS CHAPTER.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00463-01-1

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