NY State Senate Bill 2017-S4488

Senate Bill S4488

2017-2018 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 Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Feb 15, 2017	referred to finance

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2017-S4488 (ACTIVE) - Details

See Assembly Version of this Bill:: A6244
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §214-e, amd §840, Exec L; add §§120.85 & 140.17, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6043, A9087
2013-2014: S1416, A1507
2015-2016: S981, A6967
2019-2020: S741, A7439
2021-2022: S4053, A6283
2023-2024: S2747, A3502

2017-S4488 (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.

2017-S4488 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4488

 TITLE OF BILL :  An act to amend the executive law and the criminal
procedure law, in relation to directing 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

 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-e,
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-2)
to subdivision 3 of section 840, requiring DOS 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
2013-2014: S.1416 - Died in Committee

 FISCAL IMPLICATIONS :

Not determined at this time.

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

2017-S4488 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4488
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced by Sens. MONTGOMERY, BAILEY, PARKER, PERKINS, PERSAUD -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Finance
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation  to  directing  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
 
   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-e
 to read as follows:
   § 214-E. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03868-02-7

 S. 4488                             2
 
 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
 RESOURCES  THAT  COULD  AID THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR
 OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD.
   § 2. Subdivision 3 of section 840 of the executive law is  amended  by
 adding a new paragraph (f-2) to read as follows:
   (F-2)  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;
   §  3. The criminal procedure law is amended by adding two new sections
 120.85 and 140.17 to read as follows:
 § 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-E  OR
 PARAGRAPH  (F-2)  OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY OF
 THE EXECUTIVE LAW AS APPLICABLE.
 § 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-E  OR

 S. 4488                             3
 
 PARAGRAPH  (F-2)  OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY OF
 THE EXECUTIVE LAW AS APPLICABLE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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