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Senate Bill S6043A

2011-2012 Legislative Session

Directs the superintendent of state police to develop and institute child-sensitive arrest policies and procedures

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

2011-S6043 - Details

See Assembly Version of this Bill:
A9087
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §214-d, amd §840, Exec L; add §§120.85 & 140.17, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S1416, A1507
2015-2016: S981, A6967
2017-2018: S4488, A6244
2019-2020: S741, A7439
2021-2022: S4053, A6283
2023-2024: S2747, A3502

2011-S6043 - Summary

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.

2011-S6043 - Sponsor Memo

2011-S6043 - Bill Text download pdf

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

                                  6043

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

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  ESTABLISH, MAINTAIN AND DISSEMINATE
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 OR 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;
  (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.
              

co-Sponsors

2011-S6043A (ACTIVE) - Details

See Assembly Version of this Bill:
A9087
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §214-d, amd §840, Exec L; add §§120.85 & 140.17, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S1416, A1507
2015-2016: S981, A6967
2017-2018: S4488, A6244
2019-2020: S741, A7439
2021-2022: S4053, A6283
2023-2024: S2747, A3502

2011-S6043A (ACTIVE) - Summary

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.

2011-S6043A (ACTIVE) - Sponsor Memo

2011-S6043A (ACTIVE) - Bill Text download pdf

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

                                 6043--A

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens.  MONTGOMERY,  DUANE, KRUEGER, OPPENHEIMER, PARKER,
  PERKINS -- read twice and ordered printed,  and  when  printed  to  be
  committed  to  the  Committee  on  Children  and Families -- committee
  discharged and said bill  committed  to  the  Committee  on  Rules  --
  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
              

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