S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    741
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY, BAILEY, PARKER, PERSAUD -- 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  directing  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
 
   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-g
 to read as follows:
   § 214-G. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03434-01-9

 S. 741                              2
 
 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
   (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.
   § 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;
   §  3. The criminal procedure law is amended by adding two new sections
 120.85 and 140.17 to read as follows:
 § 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-G  OR
 PARAGRAPH  (F-2)  OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY OF
 THE EXECUTIVE LAW AS APPLICABLE.
 § 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-G  OR

 S. 741                              3
 
 PARAGRAPH  (F-2)  OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY OF
 THE EXECUTIVE LAW AS APPLICABLE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.