S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    805
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.  Section 214-i of the executive law, as added by a chapter
 of the laws of 2024 amending the executive law and the  criminal  proce-
 dure 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,  as proposed in legislative bills numbers S. 2747 and A. 3502, is
 amended 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]
 ADDRESS SITUATIONS IN WHICH THE parent, guardian, or other person legal-
 ly charged with the care or custody of [such] A child LESS THAN EIGHTEEN
 YEARS  OLD is arrested.  Such policies and procedures shall include, but
 not be limited to:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02848-01-5
              

 S. 805                              2
 
   (a) procedures [to ensure that state police officers inquire]  REGARD-
 ING  IDENTIFICATION  and [document] DOCUMENTATION OF 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, guardi-
 an or 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] APPROPRIATE ACTIONS THAT WILL  ALLOW  law  enforcement
 [can]  TO  assist  in minimizing the impact of [such] THE EMOTIONAL harm
 CAUSED BY WITNESSING SUCH ARRESTS; 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. Paragraph (f-2) of subdivision 3 of section 840 of the executive
 law, as added by a chapter of the laws of 2024  amending  the  executive
 law  and the criminal procedure law, in relation to directing the super-
 intendent 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, as proposed in legislative bills
 numbers S. 2747 and A. 3502, is amended to read as follows:
   (f-2) [Developing, maintaining and  disseminating]  DEVELOP,  MAINTAIN
 AND  DISSEMINATE, in consultation with the office of children and family
 services, written  policies  and  procedures  regarding  child-sensitive
 arrest  practices.  Such policies and procedures shall [ensure the iden-
 tification and safety of a child less than eighteen years old when  such
 child's] ADDRESS SUCH SITUATIONS IN WHICH THE parent, guardian, or other
 person  legally  charged with the care or custody of [such] A child LESS
 THAN EIGHTEEN YEARS OLD is arrested. Such [polices] POLICIES and  proce-
 dures shall include, but not be limited to:
   (1) procedures [to ensure that local law enforcement officers inquire]
 REGARDING  IDENTIFICATION  and  [document]   DOCUMENTATION OF 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, guardi-
 an  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]  APPROPRIATE ACTIONS THAT WILL ALLOW law enforcement
 [can] TO assist in minimizing the impact of [such]  THE  EMOTIONAL  harm
 CAUSED BY WITNESSING SUCH ARRESTS; 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. Section 120.85 of the criminal procedure law, as added by a chap-
 ter of the laws of 2024 amending the  executive  law  and  the  criminal
 procedure  law,  in  relation  to  directing the superintendent of state
 S. 805                              3
 
 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, as proposed in legislative bills numbers S. 2747 and
 A. 3502, is amended to read as follows:
 § 120.85 Child-sensitive arrests.
   A  state  or  local  law enforcement officer who arrests an individual
 LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD LESS  THAN  EIGHTEEN
 YEARS  OLD  shall  TO THE EXTENT PRACTICABLE, at the time of the arrest,
 [inquire whether such individual is the parent, guardian or other person
 legally charged with the care or custody 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]  TAKE  APPROPRIATE  ACTION  THAT IS CONDUCIVE TO THE CHILD'S
 SAFETY AND/OR SECURITY AND IS CONSISTENT with the  policies  and  proce-
 dures  established  pursuant  to section two hundred fourteen-i or para-
 graph (f-2) of subdivision three of section eight hundred forty  of  the
 executive law as applicable.
   § 4. Section 140.17 of the criminal procedure law, as added by a chap-
 ter  of  the  laws  of  2024 amending 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, as proposed in legislative bills numbers S. 2747 and
 A. 3502, is amended to read as follows:
 § 140.17 Child-sensitive arrests.
   A  state  or  local  law enforcement officer who arrests an individual
 LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD LESS  THAN  EIGHTEEN
 YEARS  OLD shall, TO THE EXTENT PRACTICABLE, at the time of the arrest[,
 inquire whether such individual is the parent, guardian or other  person
 legally  charged  with the care or custody 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] TAKE APPROPRIATE ACTION THAT IS  CONDUCIVE  TO  THE  CHILD'S
 SAFETY  AND/OR  SECURITY  AND IS CONSISTENT with the policies and proce-
 dures established pursuant to section two hundred  fourteen-i  or  para-
 graph  (f-2)  of subdivision three of section eight hundred forty of the
 executive law as applicable.
   § 5. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2024 amending 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, as proposed in legislative bills numbers S. 2747
 and A. 3502, takes effect.