senate Bill S1416

2013-2014 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 Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Jan 09, 2013 referred to children and families

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S1416 - Bill Details

See Assembly Version of this Bill:
A1507
Current Committee:
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 - Bill Texts

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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.

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BILL NUMBER:S1416

TITLE OF BILL:
An act
to amend the executive law and the criminal procedure law, in relation
to developing and
instituting child-sensitive arrest policies and procedures

PURPOSE:
To establish, maintain, and disseminate
policies and
procedures regarding child-sensitive arrest practices.

SUMMARY OF PROVISIONS:
Section 1: Amends the executive law by adding a
new section 214-d, requiring the superintendent, in consultation with
the office of child and family services and the division of criminal
justice services, to maintain and disseminate written policies and
procedures regarding child sensitive arrest practices. These policies
include but are not limited to: (1) inquiring whether an arrestee is
charged with the care or custody of a child; (2) allowing for the
arrangement of temporary care for the child; (3) education on how
witnessing violence causes emotional harm to children and how law
enforcement can minimize the impact of such harm; (4) information on
the availability of access to community-based providers of crisis
intervention, child protection, and other resources that could aid
the child.

Section 2. Amends the executive law by adding a new subdivision (f-1)
to subdivision 3 of section 840, requiring DCJS in consultation with
the office of child and family services to maintain and disseminate
written policies and procedures regarding child sensitive arrest
practices. These policies include but are not limited to: (1)
inquiring whether an arrestee is charged with the care or custody of
a child; (2) allowing for the arrangement of temporary care for the
child;
(3) education on how witnessing violence causes emotional harm to
children and how law enforcement can minimize the impact of such
harm; (4) information on the availability of access to
community-based providers of crisis intervention, child protection,
and other resources that could aid the child.

Section 3: Amends the criminal procedure law by adding two new
sections 120.85 and 140.17, by requiring that state and local law
enforcement officers who are arresting an individual inquire at the
time of the arrest whether the individual is parent, guardian, or
person legally charged with the care or custody of a minor child who
may be at risk as a result of the arrest. Further, the arresting
officer is to make reasonable efforts to ensure the safety of such
child in accordance with the polices established pursuant to section
214-d of the executive law.

JUSTIFICATION:
A national study conducted in 1998 estimated that of
parents arrested, 67% were handcuffed in front of their children, 27%
reported weapons drawn in front of their children, 4.3% reported a


physical struggle, and 3.2% reported the use of pepper spray.
(Phillips, S.D. (1998). Programming for children of female offenders.
Proceedings from 4th National Head Start Research Conference.
Washington, DC (cited in report to the Oregon Legislature on Senate
Bill 133 (p.2). December 2002)). According to a 2010 study discussed
in a report by the examining the relationship between witnessing
arrests and elevated symptoms of post traumatic stress, children who
witnessed the arrest of someone in their household and had a recently
arrested parent were 73% more likely
to have elevated post traumatic stress symptoms than children who did
not have an arrested parent and had never witnessed an arrest
(Phillips, S.D., & Zhao J. (2010). The relationship between
witnessing arrests and elevated symptoms of posttraumatic stress.
Children and Youth Services Review, 32 (10). 1246-1254.
doi:10.1016/j.childyouth.201004.0125)

Witnessing an arrest can cause anxiety, confusion, anger, sadness, and
a myriad of other emotions in children. Most children do not talk
about this experience. Many develop negative associations with law
enforcement or figures of authority as a result. This can put them at
risk because
they may not seek assistance from the police when they feel unsafe or
are in danger. Further, their respect for the law and sense of right
and wrong can be complicated by their parent's arrest. This is
particularly true if they were not aware of their parent's
law-breaking, if they witnessed aggression toward their parents
during an arrest, or if their parents did not take responsibility for
their actions, using language to convey that arrests happen randomly
or without justification.

By adopting and implementing child-sensitive arrest policies and
procedures as modeled in other states and jurisdictions, child trauma
and out-of-home placements can be minimized and the needs of these
children can be properly met.

LEGISLATIVE HISTORY:
2011-2012: S.6043-A - Died in Committee

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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                    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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04042-01-3

S. 1416                             2

  (D)  INFORMATION  ON  THE  AVAILABILITY  OF  ACCESS TO COMMUNITY-BASED
PROVIDERS OF CRISIS 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  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.

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