STATE OF NEW YORK ________________________________________________________________________ 10323 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Meeks) -- read once and referred 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: 1 Section 1. Section 140.10 of the criminal procedure law is amended by 2 adding a new subdivision 7 to read as follows: 3 7. No police officer shall arrest, restrain, or otherwise subdue a 4 child who is thirteen years of age or less while effecting the arrest of 5 the parent or guardian of such child. When effecting the arrest of any 6 person, any police officer present at the scene of arrest shall inquire 7 as to the presence of any such child at the scene. If any such child is 8 present, all police officers present at the scene of arrest shall have 9 an affirmative duty to keep such child safe, shall permit the person 10 being arrested to communicate with such child up until such person is 11 removed from the scene, and shall, in collaboration with any relevant 12 social work or community organization, provide for the delivery of such 13 child to another parent or legal guardian who is authorized to have 14 custody. 15 § 2. Section 140.25 of the criminal procedure law is amended by adding 16 a new subdivision 6 to read as follows: 17 6. No peace officer shall arrest, restrain, or otherwise subdue a 18 child who is thirteen years of age or less while effecting the arrest of 19 the parent or guardian of such child. When effecting the arrest of any 20 person, all peace officers present at the scene of arrest shall inquire 21 as to the presence of any such child at the scene. If any such child is 22 present, any peace officer present at the scene of arrest shall have an 23 affirmative duty to keep such child safe, shall permit the person being 24 arrested to communicate with such child up until such person is removed 25 from the scene, and shall, in collaboration with any relevant social 26 work or community organization, provide for the delivery of such child 27 to another parent or legal guardian who is authorized to have custody. 28 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10349-02-1