Assembly Bill A10323

2021-2022 Legislative Session

Prohibits the arrest or restraint of a child less than thirteen years of age without a parent or guardian present at the scene

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Archive: Last Bill Status - In Assembly 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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2021-A10323 (ACTIVE) - Details

See Senate Version of this Bill:
S8452
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§140.10 & 140.25, CP L
Versions Introduced in 2023-2024 Legislative Session:
A2092, S1044

2021-A10323 (ACTIVE) - Summary

Provides that no police officer shall arrest, restrain, or otherwise subdue a child who is thirteen years of age or less while effecting the arrest of the parent or guardian of such child; provides that all police officers present at the scene of arrest shall have an affirmative duty to keep such child safe, and shall permit the person being arrested to communicate with such child up until such person is removed from the scene.

2021-A10323 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10323
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Meeks) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  providing
   that  no  police  officer shall arrest, restrain or otherwise subdue a
   child who is thirteen years of age or less while effecting the  arrest
   of the parent or guardian of such child

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 140.10 of the criminal procedure law is amended  by
 adding a new subdivision 7 to read as follows:
   7.  NO  POLICE  OFFICER  SHALL ARREST, RESTRAIN, OR OTHERWISE SUBDUE A
 CHILD WHO IS THIRTEEN YEARS OF AGE OR LESS WHILE EFFECTING THE ARREST OF
 THE PARENT OR GUARDIAN OF SUCH CHILD. WHEN EFFECTING THE ARREST  OF  ANY
 PERSON,  ANY POLICE OFFICER PRESENT AT THE SCENE OF ARREST SHALL INQUIRE
 AS TO THE PRESENCE OF ANY SUCH CHILD AT THE SCENE. IF ANY SUCH CHILD  IS
 PRESENT,  ALL  POLICE OFFICERS PRESENT AT THE SCENE OF ARREST SHALL HAVE
 AN AFFIRMATIVE DUTY TO KEEP SUCH CHILD SAFE,  SHALL  PERMIT  THE  PERSON
 BEING  ARRESTED  TO  COMMUNICATE WITH SUCH CHILD UP UNTIL SUCH PERSON IS
 REMOVED FROM THE SCENE, AND SHALL, IN COLLABORATION  WITH  ANY  RELEVANT
 SOCIAL  WORK OR COMMUNITY ORGANIZATION, PROVIDE FOR THE DELIVERY OF SUCH
 CHILD TO ANOTHER PARENT OR LEGAL GUARDIAN  WHO  IS  AUTHORIZED  TO  HAVE
 CUSTODY.
   § 2. Section 140.25 of the criminal procedure law is amended by adding
 a new subdivision 6 to read as follows:
   6.  NO  PEACE  OFFICER  SHALL  ARREST, RESTRAIN, OR OTHERWISE SUBDUE A
 CHILD WHO IS THIRTEEN YEARS OF AGE OR LESS WHILE EFFECTING THE ARREST OF
 THE PARENT OR GUARDIAN OF SUCH CHILD. WHEN EFFECTING THE ARREST  OF  ANY
 PERSON,  ALL PEACE OFFICERS PRESENT AT THE SCENE OF ARREST SHALL INQUIRE
 AS TO THE PRESENCE OF ANY SUCH CHILD AT THE SCENE. IF ANY SUCH CHILD  IS
 PRESENT,  ANY PEACE OFFICER PRESENT AT THE SCENE OF ARREST SHALL HAVE AN
 AFFIRMATIVE DUTY TO KEEP SUCH CHILD SAFE, SHALL PERMIT THE PERSON  BEING
 ARRESTED  TO COMMUNICATE WITH SUCH CHILD UP UNTIL SUCH PERSON IS REMOVED
 FROM THE SCENE, AND SHALL, IN COLLABORATION  WITH  ANY  RELEVANT  SOCIAL
 WORK  OR  COMMUNITY ORGANIZATION, PROVIDE FOR THE DELIVERY OF SUCH CHILD
 TO ANOTHER PARENT OR LEGAL GUARDIAN WHO IS AUTHORIZED TO HAVE CUSTODY.
   § 3. This act shall take effect immediately.

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