Prohibits handcuffing or forcibly restraining children age twelve and under unless such child presents a danger to such child, the officer or others; limits warrantless arrests of persons under age eighteen except where the arrest is necessary for public safety; establishes a twenty-four hour hotline for police officers to consult with youth social services personnel and attorneys regarding interactions with children and adolescents.
S T A T E O F N E W Y O R K
________________________________________________________________________
3118
2025-2026 Regular Sessions
I N A S S E M B L Y
January 23, 2025
___________
Introduced by M. of A. CRUZ -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06480-01-5
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