S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10128
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the penal law, the criminal procedure law, the family
   court act, and the executive law, in relation to prohibiting the hand-
   cuffing or forcible restraint of certain juveniles in certain  circum-
   stances;  and  limiting  warrantless arrests of juveniles except where
   the arrest is necessary for public safety
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 35.30 of the penal law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. (A) (I) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION OR
 ANY OTHER CONTRARY PROVISION OF LAW, A POLICE OFFICER OR A  PEACE  OFFI-
 CER, IN THE COURSE OF EFFECTING OR ATTEMPTING TO EFFECT AN ARREST, OR OF
 PREVENTING  OR ATTEMPTING TO PREVENT THE ESCAPE FROM CUSTODY, OF A CHILD
 AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS SUBDIVISION WHOM
 SUCH OFFICER REASONABLY BELIEVES TO HAVE COMMITTED AN OFFENSE,  MAY  USE
 PHYSICAL  FORCE  ONLY  WHEN  SUCH OFFICER REASONABLY BELIEVES SUCH CHILD
 POSES AN IMMINENT RISK OF DANGER TO SUCH CHILD, THE OFFICER, OR  ANOTHER
 PERSON,  NOR  SHALL  ANY  SUCH  OFFICER  HANDCUFF  OR OTHERWISE FORCIBLY
 RESTRAIN SUCH CHILD UNLESS SUCH OFFICER REASONABLY BELIEVES  SUCH  CHILD
 POSES  AN IMMINENT RISK OF DANGER TO SUCH CHILD, THE OFFICER, OR A THIRD
 PERSON.
   (II) NOTWITHSTANDING ANY CONTRARY PROVISION OF  THIS  SECTION  OR  ANY
 OTHER CONTRARY PROVISION OF LAW, A POLICE OFFICER OR A PEACE OFFICER, IN
 THE  COURSE  OF  EFFECTING  OR  ATTEMPTING  TO  EFFECT  AN ARREST, OR OF
 PREVENTING OR ATTEMPTING TO PREVENT  THE  ESCAPE  FROM  CUSTODY,  OF  AN
 ADOLESCENT  AS  DEFINED  IN  SUBPARAGRAPH  (II) OF PARAGRAPH (B) OF THIS
 SUBDIVISION, MAY HANDCUFF OR OTHERWISE FORCIBLY RESTRAIN SUCH ADOLESCENT
 WHEN, IN SUCH OFFICER'S DISCRETION,  SUCH  PHYSICAL  FORCE  OR  FORCIBLE
 RESTRAINT  IS  NECESSARY  TO EFFECT THE ARREST, PREVENT THE ESCAPE OR TO
 OVERCOME RESISTANCE FROM SUCH ADOLESCENT BASED ON THE NATURE AND SEVERI-
 TY OF THE ALLEGED OFFENSE AND THE CIRCUMSTANCES OF THE INTERACTION  WITH
 SUCH ADOLESCENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15485-01-2
 A. 10128                            2
 
   (B) AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (I) "CHILD" SHALL MEAN A PERSON LESS THAN THIRTEEN YEARS OF AGE.
   (II)  "ADOLESCENT"  SHALL  MEAN  A  PERSON OVER THIRTEEN AND LESS THAN
 EIGHTEEN YEARS OF AGE.
   (III) "FORCIBLY RESTRAIN" OR "FORCIBLE RESTRAINT" INCLUDES BUT IS  NOT
 LIMITED TO THE FOLLOWING ACTIONS:
   (A)  THE  USE  OF  ANY  TYPE  OF HANDCUFFS, INCLUDING DISPOSABLE CINCH
 CUFFS, THUMB CUFFS, ZIP TIES, CHAINS,  SHACKLES,  IRONS,  OR  ANY  OTHER
 SIMILAR DEVICE OR EQUIPMENT USED TO RESTRICT A PERSON'S MOVEMENT; OR
   (B)  THE  USE  OR THREATENED USE OF PHYSICAL FORCE FOR THE PURPOSES OF
 RESTRICTING A PERSON'S MOVEMENT, INCLUDING THE USE OR THREATENED USE  OF
 A FIREARM, OR A TASER, STUN GUN, OR ANY SIMILAR "NON-LETHAL" WEAPONS; OR
   (C) THE USE OR APPLICATION OF ANY COMBINATION OF THE METHODS DESCRIBED
 IN CLAUSES (A) AND (B) OF THIS SUBPARAGRAPH.
   § 2. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. (A) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION OR ANY
 OTHER  CONTRARY PROVISION OF THIS ARTICLE, A POLICE OFFICER MAY ARREST A
 PERSON UNDER THE AGE OF EIGHTEEN YEARS  PURSUANT  TO  SUBDIVISIONS  ONE,
 TWO,  AND  THREE  OF  THIS  SECTION ONLY WHEN SUCH WARRANTLESS ARREST IS
 REASONABLY NECESSARY TO PREVENT AN IMMEDIATE THREAT TO PUBLIC SAFETY.
   (B) EXCEPT AS PROVIDED IN PARAGRAPH (A) OF THIS  SUBDIVISION,  WHEN  A
 POLICE  OFFICER  HAS  REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON UNDER
 THE AGE EIGHTEEN YEARS HAS COMMITTED:
   (I) AN OFFENSE IN SUCH OFFICER'S PRESENCE, OR
   (II) A CRIME WHETHER IN SUCH OFFICER'S  PRESENCE  OR  OTHERWISE,  SUCH
 POLICE OFFICER SHALL:
   (A) ISSUE OR CAUSE THE ISSUANCE OF AN APPEARANCE TICKET TO SUCH PERSON
 PURSUANT  TO  ARTICLE ONE HUNDRED FIFTY OF THIS PART OR ARTICLE THREE OF
 THE FAMILY COURT ACT; OR
   (B) APPLY FOR WARRANT OF ARREST PURSUANT TO  SECTION  120.20  OF  THIS
 PART OR ARTICLE THREE OF THE FAMILY COURT ACT.
   (C)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO APPLY TO AN
 ARREST MADE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   § 3. Subdivision 2 of section  305.2  of  the  family  court  act,  as
 amended  by section 62 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   2. An officer may take a child who may be subject to the provisions of
 this article for committing an act that would be a crime if committed by
 an adult into custody without a warrant in cases in  which  the  officer
 may  arrest a person [for a crime under article one hundred forty] UNDER
 THE AGE OF EIGHTEEN YEARS WITHOUT  A  WARRANT  PURSUANT  TO  SUBDIVISION
 THREE-A OF SECTION 140.10 of the criminal procedure law.
   §  4.  The executive law is amended by adding a new section 76 to read
 as follows:
   § 76. YOUTH SERVICES HOTLINE FOR  POLICE  OFFICERS.  1.  THE  ATTORNEY
 GENERAL SHALL ESTABLISH AND ADMINISTER A HOTLINE FOR POLICE OFFICERS, AS
 DEFINED  IN  SUBDIVISION  THIRTY-FOUR  OF  SECTION  1.20 OF THE CRIMINAL
 PROCEDURE LAW, TO CONSULT WITH YOUTH  SOCIAL  SERVICES  PROFESSIONAL  OR
 LEGAL   PERSONNEL  ABOUT  FIELD  AND  SCHOOL  ARRESTS,  CUSTODY  ORDERS,
 WARRANTS,  AND  OTHER  PROCEDURES  GOVERNING  POLICE  INTERACTIONS  WITH
 PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
   2.  THE  ATTORNEY  GENERAL SHALL RECRUIT YOUTH SOCIAL SERVICES PROFES-
 SIONALS AND ATTORNEYS TO  PARTICIPATE  IN  THE  PROGRAM;  PROVIDED  SUCH
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 SOCIAL  SERVICES  PROFESSIONALS  AND ATTORNEYS SHALL NOT BE DEEMED TO BE
 REPRESENTING ANY POLICE OFFICERS THAT THEY ADVISE THROUGH THE PROGRAM.
   3.  SUCH HOTLINE SHALL BE ACCESSIBLE VIA A TOLL-FREE PHONE NUMBER THAT
 OPERATES TWENTY-FOUR HOURS PER DAY AND SEVEN DAYS PER WEEK.
   § 5. This act shall take effect immediately.