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

                                  1416

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MONTGOMERY, KRUEGER, PARKER, PERKINS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Children and Families

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:

  Section 1. The executive law is amended by adding a new section  214-d
to read as follows:
  S  214-D. CHILD-SENSITIVE ARRESTS. THE SUPERINTENDENT, IN CONSULTATION
WITH THE OFFICE OF CHILDREN AND FAMILY  SERVICES  AND  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES,  SHALL DEVELOP, MAINTAIN AND DISSEMINATE TO
ALL MEMBERS OF THE STATE POLICE, INCLUDING  NEW  AND  VETERAN  OFFICERS,
WRITTEN  POLICIES AND PROCEDURES, REGARDING CHILD-SENSITIVE ARREST PRAC-
TICES.  SUCH POLICIES AND PROCEDURES SHALL ENSURE THE IDENTIFICATION AND
SAFETY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHEN SUCH CHILD'S PARENT,
GUARDIAN, OR OTHER PERSON LEGALLY CHARGED WITH THE CARE  OR  CUSTODY  OF
SUCH CHILD IS ARRESTED.  SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  (A)  PROCEDURES TO ENSURE THAT STATE POLICE OFFICERS INQUIRE AND DOCU-
MENT WHETHER AN ARRESTEE IS  THE  PARENT,  GUARDIAN  OR  PERSON  LEGALLY
CHARGED WITH THE CARE OR CUSTODY OF A CHILD;
  (B)  PROCEDURES TO ALLOW FOR THE ARRANGEMENT OF TEMPORARY CARE FOR THE
CHILD OF AN ARRESTED PARENT, GUARDIAN OR OTHER  PERSON  LEGALLY  CHARGED
WITH THE CARE OR CUSTODY OF SUCH CHILD TO ENSURE SUCH CHILD'S SAFETY AND
WELL-BEING,  WHICH MAY INCLUDE ALLOWING THE ARRESTED PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH  CHILD  TO
PLACE ADDITIONAL PHONE CALLS TO ARRANGE FOR CHILD CARE;
  (C)  EDUCATION  ON  HOW  WITNESSING  VIOLENCE CAUSES EMOTIONAL HARM TO
CHILDREN AND HOW LAW ENFORCEMENT CAN ASSIST IN MINIMIZING THE IMPACT  OF
SUCH HARM; AND

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04042-01-3

S. 1416                             2

  (D)  INFORMATION  ON  THE  AVAILABILITY  OF  ACCESS TO COMMUNITY-BASED
PROVIDERS OF CRISIS INTERVENTION, CHILD PROTECTION AND OTHER  SUPPORTIVE
RESOURCES  THAT  COULD  AID THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD.
  S  2.  Subdivision 3 of section 840 of the executive law is amended by
adding a new paragraph (f-1) to read as follows:
  (F-1) DEVELOPING, MAINTAINING AND DISSEMINATING, IN CONSULTATION  WITH
THE  OFFICE OF CHILDREN AND FAMILY SERVICES, WRITTEN POLICIES AND PROCE-
DURES REGARDING CHILD-SENSITIVE  ARREST  PRACTICES.  SUCH  POLICIES  AND
PROCEDURES  SHALL  ENSURE  THE IDENTIFICATION AND SAFETY OF A CHILD LESS
THAN EIGHTEEN YEARS OLD WHEN SUCH CHILD'S  PARENT,  GUARDIAN,  OR  OTHER
PERSON  LEGALLY  CHARGED  WITH  THE  CARE  OR  CUSTODY  OF SUCH CHILD IS
ARRESTED. SUCH POLICES AND PROCEDURES SHALL INCLUDE, BUT NOT BE  LIMITED
TO:
  (1)  PROCEDURES  TO ENSURE THAT LOCAL LAW ENFORCEMENT OFFICERS INQUIRE
AND DOCUMENT WHETHER AN ARRESTEE  IS  THE  PARENT,  GUARDIAN  OR  PERSON
LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD;
  (2)  PROCEDURES TO ALLOW FOR THE ARRANGEMENT OF TEMPORARY CARE FOR THE
CHILD OF AN ARRESTED PARENT, GUARDIAN OR OTHER  PERSON  LEGALLY  CHARGED
WITH THE CARE OR CUSTODY OF SUCH CHILD TO ENSURE SUCH CHILD'S SAFETY AND
WELL-BEING,  WHICH MAY INCLUDE ALLOWING THE ARRESTED PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH  CHILD  TO
PLACE ADDITIONAL PHONE CALLS TO ARRANGE FOR CHILD CARE;
  (3)  EDUCATION  ON  HOW  WITNESSING  VIOLENCE CAUSES EMOTIONAL HARM TO
CHILDREN AND HOW LAW ENFORCEMENT CAN ASSIST IN MINIMIZING THE IMPACT  OF
SUCH HARM; AND
  (4)  INFORMATION  ON  THE  AVAILABILITY  OF  ACCESS TO COMMUNITY-BASED
PROVIDERS OF CRISES INTERVENTION, CHILD PROTECTION AND OTHER  SUPPORTIVE
RESOURCES  THAT  COULD  AID THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD;
  S 3. The criminal procedure law is amended by adding two new  sections
120.85 and 140.17 to read as follows:
S 120.85 CHILD-SENSITIVE ARRESTS.
  A  STATE  OR  LOCAL  LAW ENFORCEMENT OFFICER WHO ARRESTS AN INDIVIDUAL
SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE
PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO-
DY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHO  MAY  BE  AT  RISK  AS  A
RESULT  OF  THE  ARREST.  THE  OFFICER  SHALL MAKE REASONABLE EFFORTS TO
ENSURE THE SAFETY OF SUCH CHILD IN  ACCORDANCE  WITH  THE  POLICIES  AND
PROCEDURES  ESTABLISHED  PURSUANT  TO  SECTION TWO HUNDRED FOURTEEN-D OR
PARAGRAPH (F-1) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED  FORTY  OF
THE EXECUTIVE LAW AS APPLICABLE.
S 140.17 CHILD-SENSITIVE ARRESTS.
  A  STATE  OR  LOCAL  LAW ENFORCEMENT OFFICER WHO ARRESTS AN INDIVIDUAL
SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE
PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO-
DY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHO  MAY  BE  AT  RISK  AS  A
RESULT  OF  THE  ARREST.  THE  OFFICER  SHALL MAKE REASONABLE EFFORTS TO
ENSURE THE SAFETY OF SUCH CHILD IN  ACCORDANCE  WITH  THE  POLICIES  AND
PROCEDURES  ESTABLISHED  PURSUANT  TO  SECTION TWO HUNDRED FOURTEEN-D OR
PARAGRAPH (F-1) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED  FORTY  OF
THE EXECUTIVE LAW AS APPLICABLE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.