NY State Senate Bill 2021-S8452

Senate Bill S8452

2021-2022 Legislative Session

Prohibits the arrest or restraint of a child less than thirteen years of age while effecting the arrest of the parent or guardian of such child

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2022	referred to codes

2021-S8452 (ACTIVE) - Details

See Assembly Version of this Bill:: A10323
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§140.10 & 140.25, CP L
Versions Introduced in 2023-2024 Legislative Session:: S1044, A2092

2021-S8452 (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-S8452 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8452

SPONSOR: COONEY
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 7 to section 140.10 of the criminal
procedure to prohibit police officers from arresting, restraining or
otherwise subduing a child who is thirteen years of age or less who is
present during the arrest of a parent or guardian. Such officers shall
inquire as to the presence of such a child at the scene, and if present,
all officers at the scene shall have an affirmative duty to keep such
child safe and well. All officers shall also, in collaboration with any
relevant social work and community organization, provide for the deliv-
ery of such child to another parent or guardian authorized to have
custody.

Section 2 adds a new subdivision 6 to section 140.25 which applies to
peace officers.

Section 3 establishes the effective date.

 
JUSTIFICATION:

The effects of witnessing a parent's arrest can be traumatizing on a
child. Forty percent of children who are present at a parent's arrest
suffer clinically significant emotional and behavioral problems, about
twice the rate of children in the general population. These children can
suffer symptoms such as sleep disruption, separation anxiety, irritabil-
ity, and various post-traumatic stress reactions.

Even more shocking, in the United States from 2013-2018, over 30,000
children under the, ago of ten were arrested. For ten to twelve year
olds, that number jumps to over 266,000.

This bill prohibits any police or peace officer from arresting,
restraining, or otherwise subduing a child who is thirteen years of age
or less while the child's parent or guardian is being arrested.  It also
places an affirmative duty on these officers to safeguard the child's
wellbeing and deliver them to another appropriate parent or guardian.
Reducing the harmful effects of such a traumatic situation on these
children should be a priority for those who protect and serve our commu-
nities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8452 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8452
 
                             I N  S E N A T E
 
                               March 2, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10349-02-1

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