| Date of Action |
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 |
| Feb 19, 2009 |
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 |
Senate Bill S390
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
Actions
Bill Amendments
2009-S390 - Details
- Current Committee:
- Senate Children And Families
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1197
2013-2014: S1137
2015-2016: S2863
2009-S390 - 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 :
2009-S390A (ACTIVE) - Details
- Current Committee:
- Senate Children And Families
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1197
2013-2014: S1137
2015-2016: S2863
2009-S390A (ACTIVE) - 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.
2009-S390A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 390--A A. 1029--A
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2009
___________
IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Children and
Families -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. McENENY, EDDINGTON -- read once
and referred to the Committee on Children and Families -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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.
LBD00957-02-9
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