S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4053
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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
 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.
                                                            LBD08211-01-1

 S. 4053                             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.
   §  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-G 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-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.