senate Bill S741

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to finance
Jun 20, 2019 committed to rules
May 20, 2019 advanced to third reading
May 15, 2019 2nd report cal.
May 14, 2019 1st report cal.716
Jan 09, 2019 referred to finance

Votes

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May 14, 2019 - Finance committee Vote

S741
14
1
committee
14
Aye
1
Nay
7
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Finance committee vote details

Co-Sponsors

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S741 (ACTIVE) - Details

See Assembly Version of this Bill:
A7439
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §214-g, 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
2017-2018: S4488, A6244

S741 (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.

S741 (ACTIVE) - Sponsor Memo

S741 (ACTIVE) - Bill Text download pdf


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

                                   741

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens.  MONTGOMERY, BAILEY, PARKER, 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-g
to read as follows:
  § 214-G. 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

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