Bill Text: NY A00764 | 2023-2024 | General Assembly | Introduced


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) 2024-01-03 - referred to children and families [A00764 Detail]

Download: New_York-2023-A00764-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           764

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- 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 attorney for the child, if one
    10  has  been  appointed  pursuant to section two hundred forty-nine of this
    11  chapter for any pending or previous court proceeding.
    12    § 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.
                                                                   LBD00762-01-3
feedback