Senate Bill S2863

2015-2016 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

download bill text pdf

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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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2015-S2863 (ACTIVE) - Details

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
2011-2012: S1197
2013-2014: S1137

2015-S2863 (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.

2015-S2863 (ACTIVE) - Sponsor Memo

2015-S2863 (ACTIVE) - Bill Text download pdf 

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

                                  2863

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

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:

  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.
                                                           LBD04242-01-5

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