Assembly Bill A3502

2023-2024 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 Via S2747 - Passed Assembly


  • 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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2023-A3502 (ACTIVE) - Details

See Senate Version of this Bill:
S2747
Law Section:
Executive Law
Laws Affected:
Add §214-i, amd §840, Exec L; add §§120.85 & 140.17, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9087, S6043
2013-2014: A1507, S1416
2015-2016: A6967, S981
2017-2018: A6244, S4488
2019-2020: A7439, S741
2021-2022: A6283, S4053

2023-A3502 (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.

2023-A3502 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3502
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 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-i
 to read as follows:
   § 214-I. 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
 
              

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