senate Bill S1416

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Jan 09, 2013 referred to children and families

Co-Sponsors

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S1416 - Details

See Assembly Version of this Bill:
A1507
Law Section:
Executive Law
Laws Affected:
Add §214-d, amd §840, Exec L; add §§120.85 & 140.17, CP L
Versions Introduced in 2011-2012 Legislative Session:
S6043A, A9087A

S1416 - 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.

S1416 - Sponsor Memo

S1416 - Bill Text download pdf

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

                                  1416

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MONTGOMERY, KRUEGER, PARKER, PERKINS -- 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 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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