Bill Text: NY A08043 | 2021-2022 | General Assembly | Introduced
Bill Title: Directs the superintendent of state police to develop and institute arrest policies and procedures for instances where police are arresting an individual who has responsibility for a person with an intellectual or developmental disability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A08043 Detail]
Download: New_York-2021-A08043-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8043 2021-2022 Regular Sessions IN ASSEMBLY June 11, 2021 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Governmental Operations 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 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 person with an intellectual or developmental disability 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. Person with an intellectual or developmental disability-sen- 4 sitive arrests. The superintendent, in consultation with the office for 5 people with developmental disabilities and the division of criminal 6 justice services, shall develop, maintain and disseminate to all members 7 of the state police, including new and veteran officers, written poli- 8 cies and procedures, regarding arrest practices sensitive to persons 9 with an intellectual or developmental disability. Such policies and 10 procedures shall ensure the identification and safety of a person with 11 intellectual disability when such person's parent, guardian, or other 12 person legally charged with the care or custody of such person is 13 arrested. Such policies and procedures shall include, but not be limit- 14 ed to: 15 (a) procedures to ensure that state police officers inquire and docu- 16 ment whether an arrestee is the parent, guardian or person legally 17 charged with the care or custody of a person with intellectual or devel- 18 opmental disability; 19 (b) procedures to allow for the arrangement of temporary care for the 20 person with an intellectual or developmental disability when the parent, 21 guardian or other person legally charged with the care or custody of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11561-01-1A. 8043 2 1 such person is arrested to ensure such person's safety and well-being, 2 which may include allowing the arrested parent, guardian or other person 3 legally charged with the care or custody of such person with an intel- 4 lectual or developmental disability to place additional phone calls to 5 arrange for the person's care; 6 (c) education on how witnessing violence causes emotional harm to a 7 person with an intellectual or developmental disability and how law 8 enforcement can assist in minimizing the impact of such harm; and 9 (d) information on the availability of access to community-based 10 providers of crisis intervention, protection and other supportive 11 resources that could aid the person with an intellectual or develop- 12 mental disability when such person's parent, guardian or other person 13 legally charged with the care or custody of such person is arrested. 14 § 2. Subdivision 3 of section 840 of the executive law is amended by 15 adding a new paragraph (f-2) to read as follows: 16 (f-2) Developing, maintaining and disseminating, in consultation with 17 the office for people with developmental disabilities, written policies 18 and procedures regarding arrest practices sensitive to persons with an 19 intellectual or developmental disability. Such policies and procedures 20 shall ensure the identification and safety of a person with an intellec- 21 tual or developmental disability when such person's parent, guardian, or 22 other person legally charged with the care or custody of such person is 23 arrested. Such polices and procedures shall include, but not be limited 24 to: 25 (1) procedures to ensure that local law enforcement officers inquire 26 and document whether an arrestee is the parent, guardian or person 27 legally charged with the care or custody of a person with an intellectu- 28 al or developmental disability; 29 (2) procedures to allow for the arrangement of temporary care for the 30 person with an intellectual or developmental disability when such 31 person's parent, guardian or other person legally charged with the care 32 or custody of such person is arrested to ensure such person's safety and 33 well-being, which may include allowing the arrested parent, guardian or 34 other person legally charged with the care or custody of the person with 35 an intellectual or developmental disability to place additional phone 36 calls to arrange for child care; 37 (3) education on how witnessing violence causes emotional harm to a 38 person with an intellectual or developmental disability and how law 39 enforcement can assist in minimizing the impact of such harm; and 40 (4) information on the availability of access to community-based 41 providers of crises intervention, protection and other supportive 42 resources that could aid the person with an intellectual or develop- 43 mental disability when such person's parent, guardian or other person 44 legally charged with the care or custody of such person; 45 § 3. The criminal procedure law is amended by adding two new sections 46 120.85 and 140.17 to read as follows: 47 § 120.85 Arrests sensitive to persons with an intellectual or develop- 48 mental disability. 49 A state or local law enforcement officer who arrests an individual 50 shall, at the time of the arrest, inquire whether such individual is the 51 parent, guardian or other person legally charged with the care or custo- 52 dy of a person with an intellectual or developmental disability who may 53 be at risk as a result of the arrest. The officer shall make reasonable 54 efforts to ensure the safety of such person in accordance with the poli- 55 cies and procedures established pursuant to section two hundred four-A. 8043 3 1 teen-g or paragraph (f-2) of subdivision three of section eight hundred 2 forty of the executive law as applicable. 3 § 140.17 Arrests sensitive to persons with an intellectual or develop- 4 mental disability. 5 A state or local law enforcement officer who arrests an individual 6 shall, at the time of the arrest, inquire whether such individual is the 7 parent, guardian or other person legally charged with the care or custo- 8 dy of a person with an intellectual or developmental disability who may 9 be at risk as a result of the arrest. The officer shall make reasonable 10 efforts to ensure the safety of such person in accordance with the poli- 11 cies and procedures established pursuant to section two hundred four- 12 teen-g or paragraph (f-2) of subdivision three of section eight hundred 13 forty of the executive law as applicable. 14 § 4. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law.
