Bill Text: NY S04053 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Directs the superintendent of state police to develop and institute child-sensitive arrest policies and procedures for instances where police are arresting an individual who is a parent, guardian or other person legally charged with the care or custody of a child.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S04053 Detail]

Download: New_York-2021-S04053-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4053

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 2, 2021
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance

        AN ACT to amend the executive law and the  criminal  procedure  law,  in
          relation  to  directing  the superintendent of state police to develop
          and institute  child-sensitive  arrest  policies  and  procedures  for
          instances  where  police  are arresting an individual who is a parent,
          guardian or other person legally charged with the care or custody of a
          child

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The executive law is amended by adding a new section 214-g
     2  to read as follows:
     3    § 214-g. Child-sensitive arrests. The superintendent, in  consultation
     4  with  the  office  of  children  and family services and the division of
     5  criminal justice services, shall develop, maintain  and  disseminate  to
     6  all  members  of  the  state police, including new and veteran officers,
     7  written policies and procedures, regarding child-sensitive arrest  prac-
     8  tices.  Such policies and procedures shall ensure the identification and
     9  safety of a child less than eighteen years old when such child's parent,
    10  guardian,  or  other  person legally charged with the care or custody of
    11  such child is arrested.  Such policies and procedures shall include, but
    12  not be limited to:
    13    (a) procedures to ensure that state police officers inquire and  docu-
    14  ment  whether  an  arrestee  is  the  parent, guardian or person legally
    15  charged with the care or custody of a child;
    16    (b) procedures to allow for the arrangement of temporary care for  the
    17  child  of  an  arrested parent, guardian or other person legally charged
    18  with the care or custody of such child to ensure such child's safety and
    19  well-being, which may include allowing the arrested parent, guardian  or
    20  other  person  legally charged with the care or custody of such child to
    21  place additional phone calls to arrange for child care;
    22    (c) education on how witnessing  violence  causes  emotional  harm  to
    23  children  and how law enforcement can assist in minimizing the impact of
    24  such harm; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08211-01-1
        S. 4053                             2

     1    (d) information on  the  availability  of  access  to  community-based
     2  providers  of crisis intervention, child protection and other supportive
     3  resources that could aid the child of an arrested  parent,  guardian  or
     4  other person legally charged with the care or custody of such child.
     5    §  2.  Subdivision 3 of section 840 of the executive law is amended by
     6  adding a new paragraph (f-2) to read as follows:
     7    (f-2) Developing, maintaining and disseminating, in consultation  with
     8  the  office of children and family services, written policies and proce-
     9  dures regarding child-sensitive  arrest  practices.  Such  policies  and
    10  procedures  shall  ensure  the identification and safety of a child less
    11  than eighteen years old when such child's  parent,  guardian,  or  other
    12  person  legally  charged  with  the  care  or  custody  of such child is
    13  arrested. Such polices and procedures shall include, but not be  limited
    14  to:
    15    (1)  procedures  to ensure that local law enforcement officers inquire
    16  and document whether an arrestee  is  the  parent,  guardian  or  person
    17  legally charged with the care or custody of a child;
    18    (2)  procedures to allow for the arrangement of temporary care for the
    19  child of an arrested parent, guardian or other  person  legally  charged
    20  with the care or custody of such child to ensure such child's safety and
    21  well-being,  which may include allowing the arrested parent, guardian or
    22  other person legally charged with the care or custody of such  child  to
    23  place additional phone calls to arrange for child care;
    24    (3)  education  on  how  witnessing  violence causes emotional harm to
    25  children and how law enforcement can assist in minimizing the impact  of
    26  such harm; and
    27    (4)  information  on  the  availability  of  access to community-based
    28  providers of crises intervention, child protection and other  supportive
    29  resources  that  could  aid the child of an arrested parent, guardian or
    30  other person legally charged with the care or custody of such child;
    31    § 3. The criminal procedure law is amended by adding two new  sections
    32  120.85 and 140.17 to read as follows:
    33  § 120.85 Child-sensitive arrests.
    34    A  state  or  local  law enforcement officer who arrests an individual
    35  shall, at the time of the arrest, inquire whether such individual is the
    36  parent, guardian or other person legally charged with the care or custo-
    37  dy of a child less than eighteen years old who  may  be  at  risk  as  a
    38  result  of  the  arrest.  The  officer  shall make reasonable efforts to
    39  ensure the safety of such child in  accordance  with  the  policies  and
    40  procedures  established  pursuant  to  section two hundred fourteen-g or
    41  paragraph (f-2) of subdivision three of section eight hundred  forty  of
    42  the executive law as applicable.
    43  § 140.17 Child-sensitive arrests.
    44    A  state  or  local  law enforcement officer who arrests an individual
    45  shall, at the time of the arrest, inquire whether such individual is the
    46  parent, guardian or other person legally charged with the care or custo-
    47  dy of a child less than eighteen years old who  may  be  at  risk  as  a
    48  result  of  the  arrest.  The  officer  shall make reasonable efforts to
    49  ensure the safety of such child in  accordance  with  the  policies  and
    50  procedures  established  pursuant  to  section two hundred fourteen-g or
    51  paragraph (f-2) of subdivision three of section eight hundred  forty  of
    52  the executive law as applicable.
    53    § 4. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.