senate Bill S1137

Requires a parent, law guardian or person legally responsible for a minor to be present during questioning by a peace or police officer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES

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.

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Bill Details

See Assembly Version of this Bill:
A6630
Versions:
S1137
Legislative Cycle:
2013-2014
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง305.2, Fam Ct Act
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1197, A989
2009-2010: S390A, A1029A
2007-2008: S3631A, A6464A

Sponsor Memo

BILL NUMBER:S1137

TITLE OF BILL:
An act
to amend the family court act, in relation to questioning of a minor by
peace or police officers

PURPOSE OR GENERAL IDEA OF BILL:
This bill adds law guardian to those persons being required to be
notified when a minor is taken into custody by a police or peace
officer.

SUMMARY OF SPECIFIC PROVISIONS:
Amends subdivision 3 of section 305.2 of the Family Court Act.

JUSTIFICATION:
Law guardians play a crucial role in the lives of youth they represent.
Law guardians must represent theses youth in Family Court and advocate
for appropriate permanency goals and dispositions. Yet, many law
guardians express concern that they are not always notified by
authorities of critical situations the youth may be experiencing,
such as being taken into custody by peace or police officers.
Notification of law guardians in these situations would assist them
in representing the youth to the best of their abilities.

PRIOR LEGISLATIVE HISTORY:
2011/12: A.989/S.1197 Remained in Senate and Assembly Committees
on Children and Families
2009/10: A.1029A/S.390A
2007/08: A.6464A/S390A
2005/06: A.1206A/S.605A

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
90 days after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1137

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed 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 LAW GUARDIAN FOR THE CHILD, IF
ONE  HAS  PREVIOUSLY  BEEN  APPOINTED  PURSUANT  TO  SECTION TWO HUNDRED
FORTY-NINE OF THIS CHAPTER.
  S 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.
                                                           LBD01767-01-3

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