NY State Senate Bill 2015-S981A

Senate Bill S981A

2015-2016 Legislative Session

Directs the superintendent of state police to develop and institute child-sensitive arrest policies and procedures

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2016	print number 981a
Jan 21, 2016	amend and recommit to finance
Jan 06, 2016	referred to finance
Jan 07, 2015	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S981 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §214-e, amd §840, Exec L; add §§120.85 & 140.17, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6043
2013-2014: S1416
2017-2018: S4488
2019-2020: S741
2021-2022: S4053
2023-2024: S2747

2015-S981 - Summary

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.

2015-S981 - Sponsor Memo

                                 BILL NUMBER:  S981

 TITLE OF BILL :  An act to amend the executive law and the criminal
procedure law, in relation to developing and instituting
child-sensitive arrest policies and procedures

 PURPOSE :

To establish, maintain, and disseminate policies and procedures
regarding child-sensitive arrest practices.

 SUMMARY OF PROVISIONS :

Section 1: Amends the executive law by adding a new section
214-e,requiring the superintendent, in consultation with the office of
child and family services and the division of criminal justice
services, to maintain and disseminate written policies and procedures
regarding child sensitive arrest practices. These policies include but
are not limited to: (1) inquiring whether an arrestee is charged with
the care or custody of a child; (2) allowing for the arrangement of
temporary care for the child; (3) education on how witnessing violence
causes emotional harm to children and how law enforcement can minimize
the impact of such harm; (4) information on the availability of access
to community-based providers of crisis intervention, child protection,
and other resources that could aid the child.

Section 2. Amends the executive law by adding a new subdivision (f-2)
to subdivision 3 of section 840, requiring DCJS in consultation with
the office of child and family services to maintain and disseminate
written policies and procedures regarding child sensitive arrest
practices. These policies include but are not limited to: (1)
inquiring whether an arrestee is charged with the care or custody of a
child; (2) allowing for the arrangement of temporary care for the
child; (3) education on how witnessing violence causes emotional harm
to children and how law enforcement can minimize the impact of such
harm; (4) information on the availability of access to community-based
providers of crisis intervention, child protection, and other
resources that could aid the child.

Section 3: Amends the criminal procedure law by adding two new
sections 120.85 and 140.17, by requiring that state and local law
enforcement officers who are arresting an individual inquire at the
time of the arrest whether the individual is parent, guardian, or
person legally charged with the care or custody of a minor child who
may be at risk as a result of the arrest. Further, the arresting
officer is to make reasonable efforts to ensure the safety of such
child in accordance with the polices established pursuant to section
214-d of the executive law.

 JUSTIFICATION :

A national study conducted in 1998 estimated that of parents arrested,
67% were handcuffed in front of their children, 27% reported weapons
drawn in front of their children, 4.3% reported a physical struggle,
and 3.2% reported the use of pepper spray. (Phillips, S.D. (1998).
Programming for children of female offenders. Proceedings from 4th
National Head Start Research Conference. Washington, DC (cited in
report to the Oregon Legislature on Senate Bill 133 (p.2). December
2002)). According to a 2010 study discussed in a report by the
examining the relationship between witnessing arrests and elevated
symptoms of post traumatic stress, children who witnessed the arrest
of someone in their household and had a recently arrested parent were
73% more likely to have elevated post traumatic stress symptoms than
children who did not have an arrested parent and had never witnessed
an arrest (Phillips, S.D., & Zhao J. (2010). The relationship between
witnessing arrests and elevated symptoms of posttraumatic stress.
Children and Youth Services Review, 32 (10). 1246-1254.
doi:10.1016/j.childyouth.201004.0125)

Witnessing an arrest can cause anxiety, confusion, anger, sadness, and
a myriad of other emotions in children. Most children do not talk
about this experience. Many develop negative associations with law
enforcement or figures of authority as a result. This can put them at
risk because they may not seek assistance from the police when they
feel unsafe or are in danger. Further, their respect for the law and
sense of right and wrong can be complicated by their parent's arrest.
This is particularly true if they were not aware of their parent's
law-breaking, if they witnessed aggression toward their parents during
an arrest, or if their parents did not take responsibility for their
actions, using language to convey that arrests happen randomly or
without justification.

By adopting and implementing child-sensitive arrest policies and
procedures as modeled in other states and jurisdictions, child trauma
and out-of-home placements can be minimized and the needs of these
children can be properly met.

 LEGISLATIVE HISTORY :

2011-2012: S.6043-A - Died in Committee
2013-2014: S.1416 - Died in Committee

 FISCAL IMPLICATIONS :

Not determined at this time.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S981 - Bill Text download pdf

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

                                   981

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

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.
                                                           LBD01795-01-5

S. 981                              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.

co-Sponsors

2015-S981A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §214-e, amd §840, Exec L; add §§120.85 & 140.17, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6043
2013-2014: S1416
2017-2018: S4488
2019-2020: S741
2021-2022: S4053
2023-2024: S2747

2015-S981A (ACTIVE) - Summary

2015-S981A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S981A

 TITLE OF BILL :

An act to amend the executive law and the criminal procedure law, in
relation to developing and instituting child-sensitive arrest policies
and procedures

 PURPOSE :

To establish, maintain, and disseminate policies and procedures
regarding child-sensitive arrest practices.

 SUMMARY OF PROVISIONS :

Section 1: Amends the executive law by adding a new section 214-d,
requiring the superintendent, in consultation with the office of child
and family services and the division of criminal justice services, to
maintain and disseminate written policies and procedures regarding
child sensitive arrest practices. These policies include but are not
limited to: (1) inquiring whether an arrestee is charged with the care
or custody of a child; (2) allowing for the arrangement of temporary
care for the child; (3) education on how witnessing violence causes
emotional harm to children and how law enforcement can minimize the
impact of such harm; (4) information on the availability of access to
community-based providers of crisis intervention, child protection,

and other resources that could aid the child.

Section 2. Amends the executive law by adding a new subdivision (f-1)
to subdivision 3 of section 840, requiring DOS in consultation with
the office of child and family services to maintain and disseminate
written policies and procedures regarding child sensitive arrest
practices. These policies include but are not limited to: (1)
inquiring whether an arrestee is charged with the care or custody of a
child; (2) allowing for the arrangement of temporary care for the
child; (3) education on how witnessing violence causes emotional harm
to children and how law enforcement can minimize the impact of such
harm; (4) information on the availability of access to community-based
providers of crisis intervention, child protection, and other
resources that could aid the child.

Section 3: Amends the criminal procedure law by adding two new
sections 120.85 and 140.17, by requiring that state and local law
enforcement officers who are arresting an individual inquire at the
time of the arrest whether the individual is parent, guardian, or
person legally charged with the care or custody of a minor child who
may be at risk as a result of the arrest. Further, the arresting
officer is to make reasonable efforts to ensure the safety of such
child in accordance with the polices established pursuant to section
214-d of the executive law.

 JUSTIFICATION :

A national study conducted in 1998 estimated that of parents arrested,
67% were handcuffed in front of their children, 27% reported weapons
drawn in front of their children, 4.3% reported a physical struggle,
and 3.2% reported the use of pepper spray. (Phillips, S.D. (1998).
Programming for children of female offenders. Proceedings from 4th
National Head Start Research Conference. Washington, DC (cited in
report to the Oregon Legislature on Senate Bill 133 (p.2). December
2002)). According to a 2010 study discussed in a report by the
examining the relationship between witnessing arrests and elevated
symptoms of post traumatic stress, children who witnessed the arrest
of someone in their household and had a recently arrested parent were
73% more likely to have elevated post traumatic stress symptoms than
children who did not have an arrested parent and had never witnessed
an arrest (Phillips, S.D., & Zhao J. (2010). The relationship between
witnessing arrests and elevated symptoms of posttraumatic stress.
Children and Youth Services Review, 32 (10). 1246-1254.
doi:10.1016/j.childyouth.201004.0125)

Witnessing an arrest can cause anxiety, confusion, anger, sadness, and
a myriad of other emotions in children. Most children do not talk
about this experience. Many develop negative associations with law
enforcement or figures of authority as a result. This can put them at
risk because they may not seek assistance from the police when they
feel unsafe or are in danger. Further, their respect for the law and
sense of right and wrong can be complicated by their parent's arrest.
This is particularly true if they were not aware of their parent's
law-breaking, if they witnessed aggression toward their parents during
an arrest, or if their parents did not take responsibility for their
actions, using language to convey that arrests happen randomly or
without justification.

By adopting and implementing child-sensitive arrest policies and
procedures as modeled in other states and jurisdictions, child trauma
and out-of-home placements can be minimized and the needs of these
children can be properly met.

 LEGISLATIVE HISTORY :

2011-2012: S.6043-A - Died in Committee
2013-2014: S.1416 - Died in Committee

 FISCAL IMPLICATIONS :

Not determined at this time.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S981A (ACTIVE) - Bill Text download pdf

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

                                 981--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             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:

  Section  1. The executive law is amended by adding a new section 214-e
to read as follows:
  S 214-E. 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.
                                                           LBD01795-02-6

S. 981--A                           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-2) to read as follows:
  (F-2) 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-E OR
PARAGRAPH (F-2) 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-E OR
PARAGRAPH (F-2) 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S981A

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Liz Krueger

2015-S981 - Details

2015-S981 - Summary

2015-S981 - Sponsor Memo

2015-S981 - Bill Text download pdf

co-Sponsors

Leroy Comrie

Liz Krueger

2015-S981A (ACTIVE) - Details

2015-S981A (ACTIVE) - Summary

2015-S981A (ACTIVE) - Sponsor Memo

2015-S981A (ACTIVE) - Bill Text download pdf

Comments