senate Bill S1416
(D) 25th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Directs 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.
TITLE OF BILL:
to amend the executive law and the criminal procedure law, in relation
to developing and
instituting child-sensitive arrest policies and procedures
To establish, maintain, and disseminate
procedures regarding child-sensitive arrest practices.
SUMMARY OF PROVISIONS:
Section 1: Amends the executive law by adding a
new section 214-d, requiring the superintendent, in consultation with
the office of child and family services and the division of criminal
justice services, to maintain and disseminate written policies and
procedures regarding child sensitive arrest practices. These policies
include but are not limited to: (1) inquiring whether an arrestee is
charged with the care or custody of a child; (2) allowing for the
arrangement of temporary care for the child; (3) education on how
witnessing violence causes emotional harm to children and how law
enforcement can minimize the impact of such harm; (4) information on
the availability of access to community-based providers of crisis
intervention, child protection, and other resources that could aid
Section 2. Amends the executive law by adding a new subdivision (f-1)
to subdivision 3 of section 840, requiring DCJS in consultation with
the office of child and family services to maintain and disseminate
written policies and procedures regarding child sensitive arrest
practices. These policies include but are not limited to: (1)
inquiring whether an arrestee is charged with the care or custody of
a child; (2) allowing for the arrangement of temporary care for the
(3) education on how witnessing violence causes emotional harm to
children and how law enforcement can minimize the impact of such
harm; (4) information on the availability of access to
community-based providers of crisis intervention, child protection,
and other resources that could aid the child.
Section 3: Amends the criminal procedure law by adding two new
sections 120.85 and 140.17, by requiring that state and local law
enforcement officers who are arresting an individual inquire at the
time of the arrest whether the individual is parent, guardian, or
person legally charged with the care or custody of a minor child who
may be at risk as a result of the arrest. Further, the arresting
officer is to make reasonable efforts to ensure the safety of such
child in accordance with the polices established pursuant to section
214-d of the executive law.
A national study conducted in 1998 estimated that of
parents arrested, 67% were handcuffed in front of their children, 27%
reported weapons drawn in front of their children, 4.3% reported a
physical struggle, and 3.2% reported the use of pepper spray.
(Phillips, S.D. (1998). Programming for children of female offenders.
Proceedings from 4th National Head Start Research Conference.
Washington, DC (cited in report to the Oregon Legislature on Senate
Bill 133 (p.2). December 2002)). According to a 2010 study discussed
in a report by the examining the relationship between witnessing
arrests and elevated symptoms of post traumatic stress, children who
witnessed the arrest of someone in their household and had a recently
arrested parent were 73% more likely
to have elevated post traumatic stress symptoms than children who did
not have an arrested parent and had never witnessed an arrest
(Phillips, S.D., & Zhao J. (2010). The relationship between
witnessing arrests and elevated symptoms of posttraumatic stress.
Children and Youth Services Review, 32 (10). 1246-1254.
Witnessing an arrest can cause anxiety, confusion, anger, sadness, and
a myriad of other emotions in children. Most children do not talk
about this experience. Many develop negative associations with law
enforcement or figures of authority as a result. This can put them at
they may not seek assistance from the police when they feel unsafe or
are in danger. Further, their respect for the law and sense of right
and wrong can be complicated by their parent's arrest. This is
particularly true if they were not aware of their parent's
law-breaking, if they witnessed aggression toward their parents
during an arrest, or if their parents did not take responsibility for
their actions, using language to convey that arrests happen randomly
or without justification.
By adopting and implementing child-sensitive arrest policies and
procedures as modeled in other states and jurisdictions, child trauma
and out-of-home placements can be minimized and the needs of these
children can be properly met.
2011-2012: S.6043-A - Died in Committee
This act shall take effect on the one hundred
eightieth day after it shall have become a law.
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