S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2747
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  BAILEY,  CLEARE, COONEY, JACKSON, KRUEGER, MYRIE,
   RAMOS, SALAZAR, STAVISKY -- 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-i
 to read as follows:
   §  214-I. 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.
                                                            LBD03791-01-3
 S. 2747                             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-I  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-I  OR
 S. 2747                             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.