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Assembly Bill A764

2023-2024 Legislative Session

Requires a parent, law guardian or person legally responsible for a minor to be present during questioning by a peace or police officer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

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2023-A764 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §305.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A1029
2011-2012: A989
2013-2014: A6630
2015-2016: A883
2017-2018: A4910
2019-2020: A633
2021-2022: A1305
2025-2026: A1955

2023-A764 (ACTIVE) - Summary

Requires a parent or other person legally responsible for a minor and the law guardian appointed pursuant to law to be present during questioning by a peace or police officer.

2023-A764 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    764
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the family court act, in relation to  questioning  of  a
   minor by peace or police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 305.2 of the family court act,  as
 added by chapter 920 of the laws of 1982, is amended to read as follows:
   3. If an officer takes such child into custody or if a child is deliv-
 ered  to  him  OR  HER  under section 305.1, he OR SHE shall immediately
 notify THE FOLLOWING PERSONS THAT THE CHILD HAS BEEN TAKEN INTO CUSTODY:
 (A) the parent, or other person  legally  responsible  for  the  child's
 care,  or  if  such legally responsible person is unavailable the person
 with whom the child resides, [that the child has been taken into  custo-
 dy]  AND (B) IF KNOWN BY THE OFFICER, THE ATTORNEY FOR THE CHILD, IF ONE
 HAS  BEEN  APPOINTED  PURSUANT TO SECTION TWO HUNDRED FORTY-NINE OF THIS
 CHAPTER FOR ANY PENDING OR PREVIOUS COURT PROCEEDING.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00762-01-3

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rhwingate
1 year ago

This is very interesting. I would love to hear what NAACP thinks about this, and other groups and those involved in the End-QI movement. And those who support greater involvement of mental health crisis teams in responding to 911/police department calls for help.

rhwingate
1 year ago

I am circulating this to some local elected officials and reform advocates in Westchester and especially the river towns and Greenburgh for review.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.