Bill Text: NY S01044 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that no police officer shall arrest, restrain, or otherwise subdue a child who is thirteen years of age or less while effecting the arrest of the parent or guardian of such child; provides that all police officers present at the scene of arrest shall have an affirmative duty to keep such child safe, and shall permit the person being arrested to communicate with such child up until such person is removed from the scene.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S01044 Detail]

Download: New_York-2023-S01044-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1044

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

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

        AN ACT to amend the criminal procedure law,  in  relation  to  providing
          that  no  police  officer shall arrest, restrain or otherwise subdue a
          child who is thirteen years of age or less while effecting the  arrest
          of the parent or guardian of such child

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

     1    Section 1. Section 140.10 of the criminal procedure law is amended  by
     2  adding a new subdivision 7 to read as follows:
     3    7.  No  police  officer  shall arrest, restrain, or otherwise subdue a
     4  child who is thirteen years of age or less while effecting the arrest of
     5  the parent or guardian of such child. When effecting the arrest  of  any
     6  person,  any police officer present at the scene of arrest shall inquire
     7  as to the presence of any such child at the scene. If any such child  is
     8  present,  all  police officers present at the scene of arrest shall have
     9  an affirmative duty to keep such child safe,  shall  permit  the  person
    10  being  arrested  to  communicate with such child up until such person is
    11  removed from the scene, and shall, in collaboration  with  any  relevant
    12  social  work or community organization, provide for the delivery of such
    13  child to another parent or legal guardian  who  is  authorized  to  have
    14  custody.
    15    § 2. Section 140.25 of the criminal procedure law is amended by adding
    16  a new subdivision 6 to read as follows:
    17    6.  No  peace  officer  shall  arrest, restrain, or otherwise subdue a
    18  child who is thirteen years of age or less while effecting the arrest of
    19  the parent or guardian of such child. When effecting the arrest  of  any
    20  person,  all peace officers present at the scene of arrest shall inquire
    21  as to the presence of any such child at the scene. If any such child  is
    22  present,  any peace officer present at the scene of arrest shall have an
    23  affirmative duty to keep such child safe, shall permit the person  being

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02677-01-3
        S. 1044                             2

     1  arrested  to communicate with such child up until such person is removed
     2  from the scene, and shall, in collaboration  with  any  relevant  social
     3  work  or  community organization, provide for the delivery of such child
     4  to another parent or legal guardian who is authorized to have custody.
     5    § 3. This act shall take effect immediately.