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
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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