senate Bill S390A

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2010 committee discharged and committed to children and families
Jan 06, 2010 referred to social services, children and families
Apr 21, 2009 reported and committed to codes
Feb 19, 2009 print number 390a
amend and recommit to children and families
Jan 16, 2009 referred to children and families
Jan 07, 2009 referred to social services, children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

S390 - Bill Details

See Assembly Version of this Bill:
A1029A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §305.2, Fam Ct Act

S390 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER: S390

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 being present for a minor when
questioned by a peace or police officer.

SUMMARY OF SPECIFIC PROVISIONS :
Amends the family court act to add law guardian to those to be present
during questioning of a minor by a peace or police officer.

JUSTIFICATION :
The law as written provides for the appointment of law guardians but
fails to specify any situation in which the law guardian must be
present. The bill provides for having the law guardian present
whenever the juvenile is to be questioned by authorities, about any
criminal or potentially criminal matter. This bill contains a
provision to allow police to question young people who are stopped for
moving violations.

PRIOR LEGISLATIVE HISTORY :

2007/08: S.3631A/A.6464A Remained in the Senate Committee on Social
Services, Children and Families/Remained in the Assembly Committee on
Children and Families

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.
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The Bill text is not available.

S390A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1029A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §305.2, Fam Ct Act

S390A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER: S390A

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 required to be notified
when a minor is taken into custody by a peace or police officer.

SUMMARY OF SPECIFIC PROVISIONS :
Amends the Family Court Act to require that when a youth is taken into
custody. if it is known that such youth has a law guardian. such law
guardian must be notified that the youth is in custody.

JUSTIFICATION :
Law guardians play a crucial role in the lives of the youth they
represent. Law guardians must represent these 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 :
2008: 6464-A, Referred to third calendar reading
2007: 6464, Referred to Codes
2006: 1206-A, Referred to Children and Families
2005: 1206-A, Ordered to third calendar reading

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
90 days after it shall have become law.
view full text
The Bill text is not available.

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