S T A T E O F N E W Y O R K
________________________________________________________________________
8043
2021-2022 Regular Sessions
I N A S S E M B L Y
June 11, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Governmental Operations
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 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 person with an
intellectual or developmental disability
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. PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY-SEN-
SITIVE ARRESTS. THE SUPERINTENDENT, IN CONSULTATION WITH THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES 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 POLI-
CIES AND PROCEDURES, REGARDING ARREST PRACTICES SENSITIVE TO PERSONS
WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY. SUCH POLICIES AND
PROCEDURES SHALL ENSURE THE IDENTIFICATION AND SAFETY OF A PERSON WITH
INTELLECTUAL DISABILITY WHEN SUCH PERSON'S PARENT, GUARDIAN, OR OTHER
PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH PERSON IS
ARRESTED. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT BE LIMIT-
ED 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 PERSON WITH INTELLECTUAL OR DEVEL-
OPMENTAL DISABILITY;
(B) PROCEDURES TO ALLOW FOR THE ARRANGEMENT OF TEMPORARY CARE FOR THE
PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY WHEN THE PARENT,
GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11561-01-1
A. 8043 2
SUCH PERSON IS ARRESTED TO ENSURE SUCH PERSON'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 PERSON WITH AN INTEL-
LECTUAL OR DEVELOPMENTAL DISABILITY TO PLACE ADDITIONAL PHONE CALLS TO
ARRANGE FOR THE PERSON'S CARE;
(C) EDUCATION ON HOW WITNESSING VIOLENCE CAUSES EMOTIONAL HARM TO A
PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY 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, PROTECTION AND OTHER SUPPORTIVE
RESOURCES THAT COULD AID THE PERSON WITH AN INTELLECTUAL OR DEVELOP-
MENTAL DISABILITY WHEN SUCH PERSON'S PARENT, GUARDIAN OR OTHER PERSON
LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH PERSON IS ARRESTED.
§ 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 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WRITTEN POLICIES
AND PROCEDURES REGARDING ARREST PRACTICES SENSITIVE TO PERSONS WITH AN
INTELLECTUAL OR DEVELOPMENTAL DISABILITY. SUCH POLICIES AND PROCEDURES
SHALL ENSURE THE IDENTIFICATION AND SAFETY OF A PERSON WITH AN INTELLEC-
TUAL OR DEVELOPMENTAL DISABILITY WHEN SUCH PERSON'S PARENT, GUARDIAN, OR
OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH PERSON 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 PERSON WITH AN INTELLECTU-
AL OR DEVELOPMENTAL DISABILITY;
(2) PROCEDURES TO ALLOW FOR THE ARRANGEMENT OF TEMPORARY CARE FOR THE
PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY WHEN SUCH
PERSON'S PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE
OR CUSTODY OF SUCH PERSON IS ARRESTED TO ENSURE SUCH PERSON'S SAFETY AND
WELL-BEING, WHICH MAY INCLUDE ALLOWING THE ARRESTED PARENT, GUARDIAN OR
OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF THE PERSON WITH
AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY TO PLACE ADDITIONAL PHONE
CALLS TO ARRANGE FOR CHILD CARE;
(3) EDUCATION ON HOW WITNESSING VIOLENCE CAUSES EMOTIONAL HARM TO A
PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY 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, PROTECTION AND OTHER SUPPORTIVE
RESOURCES THAT COULD AID THE PERSON WITH AN INTELLECTUAL OR DEVELOP-
MENTAL DISABILITY WHEN SUCH PERSON'S PARENT, GUARDIAN OR OTHER PERSON
LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH PERSON;
§ 3. The criminal procedure law is amended by adding two new sections
120.85 and 140.17 to read as follows:
§ 120.85 ARRESTS SENSITIVE TO PERSONS WITH AN INTELLECTUAL OR DEVELOP-
MENTAL DISABILITY.
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 PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY WHO MAY
BE AT RISK AS A RESULT OF THE ARREST. THE OFFICER SHALL MAKE REASONABLE
EFFORTS TO ENSURE THE SAFETY OF SUCH PERSON IN ACCORDANCE WITH THE POLI-
CIES AND PROCEDURES ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOUR-
A. 8043 3
TEEN-G OR PARAGRAPH (F-2) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED
FORTY OF THE EXECUTIVE LAW AS APPLICABLE.
§ 140.17 ARRESTS SENSITIVE TO PERSONS WITH AN INTELLECTUAL OR DEVELOP-
MENTAL DISABILITY.
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 PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY WHO MAY
BE AT RISK AS A RESULT OF THE ARREST. THE OFFICER SHALL MAKE REASONABLE
EFFORTS TO ENSURE THE SAFETY OF SUCH PERSON IN ACCORDANCE WITH THE POLI-
CIES AND PROCEDURES ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOUR-
TEEN-G OR 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.