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Senate Bill S3291

2025-2026 Legislative Session

Prohibits the arrest or restraint of a child less than thirteen years of age while effecting the arrest of the parent or guardian of such child

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Current Bill Status - In Senate Committee Codes Committee

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2025-S3291 (ACTIVE) - Details

See Assembly Version of this Bill:
A3814
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§140.10 & 140.25, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S8452, A10323
2023-2024: S1044, A2092

2025-S3291 (ACTIVE) - Summary

Provides that no police officer shall arrest, restrain, or otherwise subdue a child who is thirteen years of age or less while effecting the arrest of the parent or guardian of such child; provides that all police officers present at the scene of arrest shall have an affirmative duty to keep such child safe, and shall permit the person being arrested to communicate with such child up until such person is removed from the scene.

2025-S3291 (ACTIVE) - Sponsor Memo

2025-S3291 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3291
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  providing
   that  no  police  officer shall arrest, restrain or otherwise subdue a
   child who is thirteen years of age or less while effecting the  arrest
   of the parent or guardian of such child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 140.10 of the criminal procedure law is amended  by
 adding a new subdivision 7 to read as follows:
   7.  NO  POLICE  OFFICER  SHALL ARREST, RESTRAIN, OR OTHERWISE SUBDUE A
 CHILD WHO IS THIRTEEN YEARS OF AGE OR LESS WHILE EFFECTING THE ARREST OF
 THE PARENT OR GUARDIAN OF SUCH CHILD. WHEN EFFECTING THE ARREST  OF  ANY
 PERSON,  ANY POLICE OFFICER PRESENT AT THE SCENE OF ARREST SHALL INQUIRE
 AS TO THE PRESENCE OF ANY SUCH CHILD AT THE SCENE. IF ANY SUCH CHILD  IS
 PRESENT,  ALL  POLICE OFFICERS PRESENT AT THE SCENE OF ARREST SHALL HAVE
 AN AFFIRMATIVE DUTY TO KEEP SUCH CHILD SAFE,  SHALL  PERMIT  THE  PERSON
 BEING  ARRESTED  TO  COMMUNICATE WITH SUCH CHILD UP UNTIL SUCH PERSON IS
 REMOVED FROM THE SCENE, AND SHALL, IN COLLABORATION  WITH  ANY  RELEVANT
 SOCIAL  WORK OR COMMUNITY ORGANIZATION, PROVIDE FOR THE DELIVERY OF SUCH
 CHILD TO ANOTHER PARENT OR LEGAL GUARDIAN  WHO  IS  AUTHORIZED  TO  HAVE
 CUSTODY.
   § 2. Section 140.25 of the criminal procedure law is amended by adding
 a new subdivision 6 to read as follows:
   6.  NO  PEACE  OFFICER  SHALL  ARREST, RESTRAIN, OR OTHERWISE SUBDUE A
 CHILD WHO IS THIRTEEN YEARS OF AGE OR LESS WHILE EFFECTING THE ARREST OF
 THE PARENT OR GUARDIAN OF SUCH CHILD. WHEN EFFECTING THE ARREST  OF  ANY
 PERSON,  ALL PEACE OFFICERS PRESENT AT THE SCENE OF ARREST SHALL INQUIRE
 AS TO THE PRESENCE OF ANY SUCH CHILD AT THE SCENE. IF ANY SUCH CHILD  IS
 PRESENT,  ANY PEACE OFFICER PRESENT AT THE SCENE OF ARREST SHALL HAVE AN
 AFFIRMATIVE DUTY TO KEEP SUCH CHILD SAFE, SHALL PERMIT THE PERSON  BEING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03166-01-5

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