Assembly Bill A1305

2021-2022 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 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-A1305 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §305.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A1029
2011-2012: A989
2013-2014: A6630
2015-2016: A883
2017-2018: A4910
2019-2020: A633
2023-2024: A764

2021-A1305 (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.

2021-A1305 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1305
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred 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 ATTORNEY FOR THE CHILD, IF ONE
 HAS  BEEN  APPOINTED  PURSUANT TO SECTION TWO HUNDRED FORTY-NINE OF THIS
 CHAPTER FOR ANY PENDING OR PREVIOUS COURT PROCEEDING.
   § 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.
                                                            LBD00642-01-1

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