Bill Text: NY A09087 | 2011-2012 | General Assembly | Amended

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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 3-0)

Status: (Engrossed - Dead) 2012-06-21 - REFERRED TO RULES [A09087 Detail]

Download: New_York-2011-A09087-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9087--A
                                 I N  A S S E M B L Y
                                   January 20, 2012
                                      ___________
       Introduced  by  M.  of A. LENTOL, N. RIVERA -- read once and referred to
         the Committee on Codes -- committee discharged, bill amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to  amend  the executive law and the criminal procedure law, in
         relation to developing and instituting child-sensitive arrest policies
         and procedures
         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-d
    2  to read as follows:
    3    S 214-D. 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
   25    (D) INFORMATION ON  THE  AVAILABILITY  OF  ACCESS  TO  COMMUNITY-BASED
   26  PROVIDERS  OF CRISIS INTERVENTION, CHILD PROTECTION AND OTHER SUPPORTIVE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13736-05-2
       A. 9087--A                          2
    1  RESOURCES THAT COULD AID THE CHILD OF AN ARRESTED  PARENT,  GUARDIAN  OR
    2  OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD.
    3    S  2.  Subdivision 3 of section 840 of the executive law is amended by
    4  adding a new paragraph (f-1) to read as follows:
    5    (F-1) DEVELOPING, MAINTAINING AND DISSEMINATING, IN CONSULTATION  WITH
    6  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, WRITTEN POLICIES AND PROCE-
    7  DURES REGARDING CHILD-SENSITIVE  ARREST  PRACTICES.  SUCH  POLICIES  AND
    8  PROCEDURES  SHALL  ENSURE  THE IDENTIFICATION AND SAFETY OF A CHILD LESS
    9  THAN EIGHTEEN YEARS OLD WHEN SUCH CHILD'S  PARENT,  GUARDIAN,  OR  OTHER
   10  PERSON  LEGALLY  CHARGED  WITH  THE  CARE  OR  CUSTODY  OF SUCH CHILD IS
   11  ARRESTED. SUCH POLICES AND PROCEDURES SHALL INCLUDE, BUT NOT BE  LIMITED
   12  TO:
   13    (1)  PROCEDURES  TO ENSURE THAT LOCAL LAW ENFORCEMENT OFFICERS INQUIRE
   14  AND DOCUMENT WHETHER AN ARRESTEE  IS  THE  PARENT,  GUARDIAN  OR  PERSON
   15  LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD;
   16    (2)  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    (3)  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
   25    (4)  INFORMATION  ON  THE  AVAILABILITY  OF  ACCESS TO COMMUNITY-BASED
   26  PROVIDERS OF CRISES INTERVENTION, CHILD PROTECTION AND OTHER  SUPPORTIVE
   27  RESOURCES  THAT  COULD  AID THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR
   28  OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD;
   29    S 3. The criminal procedure law is amended by adding two new  sections
   30  120.85 and 140.17 to read as follows:
   31  S 120.85 CHILD-SENSITIVE ARRESTS.
   32    A  STATE  OR  LOCAL  LAW ENFORCEMENT OFFICER WHO ARRESTS AN INDIVIDUAL
   33  SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE
   34  PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO-
   35  DY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHO  MAY  BE  AT  RISK  AS  A
   36  RESULT  OF  THE  ARREST.  THE  OFFICER  SHALL MAKE REASONABLE EFFORTS TO
   37  ENSURE THE SAFETY OF SUCH CHILD IN  ACCORDANCE  WITH  THE  POLICIES  AND
   38  PROCEDURES  ESTABLISHED  PURSUANT  TO  SECTION TWO HUNDRED FOURTEEN-D OR
   39  PARAGRAPH (F-1) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED  FORTY  OF
   40  THE EXECUTIVE LAW AS APPLICABLE.
   41  S 140.17 CHILD-SENSITIVE ARRESTS.
   42    A  STATE  OR  LOCAL  LAW ENFORCEMENT OFFICER WHO ARRESTS AN INDIVIDUAL
   43  SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE
   44  PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO-
   45  DY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHO  MAY  BE  AT  RISK  AS  A
   46  RESULT  OF  THE  ARREST.  THE  OFFICER  SHALL MAKE REASONABLE EFFORTS TO
   47  ENSURE THE SAFETY OF SUCH CHILD IN  ACCORDANCE  WITH  THE  POLICIES  AND
   48  PROCEDURES  ESTABLISHED  PURSUANT  TO  SECTION TWO HUNDRED FOURTEEN-D OR
   49  PARAGRAPH (F-1) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED  FORTY  OF
   50  THE EXECUTIVE LAW AS APPLICABLE.
   51    S 4. This act shall take effect on the one hundred eightieth day after
   52  it shall have become a law.