S T A T E O F N E W Y O R K
________________________________________________________________________
9087--A
I N A S S E M B L Y
January 20, 2012
___________
Introduced by M. of A. LENTOL, N. RIVERA -- read once and referred to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law and the criminal procedure law, in
relation to developing and instituting child-sensitive arrest policies
and procedures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 214-d
to read as follows:
S 214-D. 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 PARENT,
GUARDIAN, OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF
SUCH CHILD IS ARRESTED. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT
NOT BE LIMITED TO:
(A) PROCEDURES TO ENSURE THAT STATE POLICE OFFICERS INQUIRE AND DOCU-
MENT 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, GUARDIAN 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 LAW ENFORCEMENT CAN ASSIST IN MINIMIZING THE IMPACT OF
SUCH HARM; AND
(D) INFORMATION ON THE AVAILABILITY OF ACCESS TO COMMUNITY-BASED
PROVIDERS OF CRISIS INTERVENTION, CHILD PROTECTION AND OTHER SUPPORTIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13736-05-2
A. 9087--A 2
RESOURCES THAT COULD AID THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD.
S 2. Subdivision 3 of section 840 of the executive law is amended by
adding a new paragraph (f-1) to read as follows:
(F-1) DEVELOPING, MAINTAINING AND DISSEMINATING, IN CONSULTATION WITH
THE OFFICE OF CHILDREN AND FAMILY SERVICES, WRITTEN POLICIES AND PROCE-
DURES REGARDING CHILD-SENSITIVE ARREST PRACTICES. SUCH POLICIES AND
PROCEDURES SHALL ENSURE THE IDENTIFICATION AND SAFETY OF A CHILD LESS
THAN EIGHTEEN YEARS OLD WHEN SUCH CHILD'S PARENT, GUARDIAN, OR OTHER
PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD IS
ARRESTED. SUCH POLICES AND PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED
TO:
(1) PROCEDURES TO ENSURE THAT LOCAL LAW ENFORCEMENT OFFICERS INQUIRE
AND DOCUMENT 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, GUARDIAN 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 LAW ENFORCEMENT CAN ASSIST IN MINIMIZING THE IMPACT OF
SUCH HARM; 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;
S 3. The criminal procedure law is amended by adding two new sections
120.85 and 140.17 to read as follows:
S 120.85 CHILD-SENSITIVE ARRESTS.
A STATE OR LOCAL LAW ENFORCEMENT OFFICER WHO ARRESTS AN INDIVIDUAL
SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE
PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO-
DY 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 WITH THE POLICIES AND
PROCEDURES ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-D OR
PARAGRAPH (F-1) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY OF
THE EXECUTIVE LAW AS APPLICABLE.
S 140.17 CHILD-SENSITIVE ARRESTS.
A STATE OR LOCAL LAW ENFORCEMENT OFFICER WHO ARRESTS AN INDIVIDUAL
SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE
PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO-
DY 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 WITH THE POLICIES AND
PROCEDURES ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-D OR
PARAGRAPH (F-1) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY OF
THE EXECUTIVE LAW AS APPLICABLE.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.