Bill Text: NY S01197 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CHILDREN AND FAMILIES [S01197 Detail]

Download: New_York-2011-S01197-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1197                                                   A. 989
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    January 5, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
         ed,  and when printed to be committed to the Committee on Children and
         Families
       IN ASSEMBLY -- Introduced by M. of A. McENENY, BARRON -- 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:
    1    Section  1. Subdivision 3 of section 305.2 of the family court act, as
    2  added by chapter 920 of the laws of 1982, is amended to read as follows:
    3    3. If an officer takes such child into custody or if a child is deliv-
    4  ered to him OR HER under section 305.1,  he  OR  SHE  shall  immediately
    5  notify THE FOLLOWING PERSONS THAT THE CHILD HAS BEEN TAKEN INTO CUSTODY:
    6  (A)  the  parent,  or  other  person legally responsible for the child's
    7  care, or if such legally responsible person is  unavailable  the  person
    8  with  whom the child resides, [that the child has been taken into custo-
    9  dy]  AND (B) IF KNOWN BY THE OFFICER, THE LAW GUARDIAN FOR THE CHILD, IF
   10  ONE HAS PREVIOUSLY  BEEN  APPOINTED  PURSUANT  TO  SECTION  TWO  HUNDRED
   11  FORTY-NINE OF THIS CHAPTER.
   12    S  2.  This  act shall take effect on the ninetieth day after it shall
   13  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00463-01-1