Amd §§214-i & 840, Exec L; amd §§120.85 & 140.17, CP L (as proposed in S.2747 & A.3502)
Directs the superintendent of state police, in consultation with the office of children and family services, shall develop, maintain and disseminate to all members of the state police written policies and procedures, regarding child-sensitive arrest practices.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A813
SPONSOR: Vanel TITLE OF BILL:
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
PURPOSE:
The purpose of this bill is to make amendments to Chapter 648 of the
laws of 2024, relating to child sensitive arrests.
SUMMARY OF PROVISIONS:
Section 1 would amend Section 214-i of the executive law by removing the
requirement for the superintendent to consult with DCJS in developing,
maintaining, and disseminating child-sensitive arrest practices.
Section 2 would amend the executive law by clarifying child sensitive
policies and procedures should be followed by officers when addressing
situations where the parent, guardian, or other person legally charged
with the care or custody of a child less then eighteen years old is
arrested.
Section 3 and 4 would amend the criminal procedure law under 120.85 and
140.17, by requiring that state and local law enforcement officers who
are arresting an individual legally charged with the custody of a child
less then eighteen years old to the extent practicable and take appro-
priate action that is conductive to the child's safety and/or security
pursuant to the executive law.
Section 5 would provide for the effective date.
JUSTIFICATION:
Witnessing an arrest can cause anxiety, confusion, anger, sadness, and a
myriad of other emotions in children. Most children do not talk about
this experience. Many develop negative associations with law enforcement
or figures of authority as a result. This can put them at risk because
they may not seek assistance from the police when they feel unsafe or
are in danger.
Further, their respect for the law and sense of right and wrong can be
complicated by their parent's arrest. This is particularly true if they
were not aware of their parent's law-breaking, if they witnessed
aggression toward their parents during an arrest, or if their parents
did not take responsibility for their actions, using language to convey
those arrests happen randomly or without justification.
By adopting and implementing child-sensitive arrest policies and proce-
dures as modeled in other states and jurisdictions, child trauma and
out-of-home placements can be minimized, and the needs of these children
can be properly met.
This bill would make amendments to a Chapter of the laws of 2024 to
direct the superintendent of state police to develop and establish
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.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None listed at this time.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending 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, as proposed in legislative bills numbers S. 2747 13
and A. 3502, takes effect.
STATE OF NEW YORK
________________________________________________________________________
813
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Codes
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. Section 214-i of the executive law, as added by a chapter
2 of the laws of 2024 amending the executive law and the criminal proce-
3 dure law, in relation to directing the superintendent of state police to
4 develop and institute child-sensitive arrest policies and procedures for
5 instances where police are arresting an individual who is a parent,
6 guardian or other person legally charged with the care or custody of a
7 child, as proposed in legislative bills numbers S. 2747 and A. 3502, is
8 amended to read as follows:
9 § 214-i. Child-sensitive arrests. The superintendent, in consultation
10 with the office of children and family services [and the division of
11 criminal justice services], shall develop, maintain and disseminate to
12 all members of the state police[, including new and veteran officers,]
13 written policies and procedures, regarding child-sensitive arrest prac-
14 tices. Such policies and procedures shall [ensure the identification
15 and safety of a child less than eighteen years old when such child's]
16 address situations in which the parent, guardian, or other person legal-
17 ly charged with the care or custody of [such] a child less than eighteen
18 years old is arrested. Such policies and procedures shall include, but
19 not be limited to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02848-01-5
A. 813 2
1 (a) procedures [to ensure that state police officers inquire] regard-
2 ing identification and [document] documentation of whether an arrestee
3 is the parent, guardian or person legally charged with the care or
4 custody of a child;
5 (b) procedures to allow for the arrangement of temporary care for the
6 child of an arrested parent, guardian or other person legally charged
7 with the care or custody of such child [to ensure such child's safety
8 and well-being], which may include allowing the arrested parent, guardi-
9 an or other person legally charged with the care or custody of such
10 child to place additional phone calls to arrange for child care;
11 (c) [education on how witnessing violence causes emotional harm to
12 children and how] appropriate actions that will allow law enforcement
13 [can] to assist in minimizing the impact of [such] the emotional harm
14 caused by witnessing such arrests; and
15 (d) information on the availability of access to community-based
16 providers of crisis intervention, child protection and other supportive
17 resources that could aid the child of an arrested parent, guardian or
18 other person legally charged with the care or custody of such child.
19 § 2. Paragraph (f-2) of subdivision 3 of section 840 of the executive
20 law, as added by a chapter of the laws of 2024 amending the executive
21 law and the criminal procedure law, in relation to directing the super-
22 intendent of state police to develop and institute child-sensitive
23 arrest policies and procedures for instances where police are arresting
24 an individual who is a parent, guardian or other person legally charged
25 with the care or custody of a child, as proposed in legislative bills
26 numbers S. 2747 and A. 3502, is amended to read as follows:
27 (f-2) [Developing, maintaining and disseminating] Develop, maintain
28 and disseminate, in consultation with the office of children and family
29 services, written policies and procedures regarding child-sensitive
30 arrest practices. Such policies and procedures shall [ensure the iden-
31 tification and safety of a child less than eighteen years old when such
32 child's] address such situations in which the parent, guardian, or other
33 person legally charged with the care or custody of [such] a child less
34 than eighteen years old is arrested. Such [polices] policies and proce-
35 dures shall include, but not be limited to:
36 (1) procedures [to ensure that local law enforcement officers inquire]
37 regarding identification and [document] documentation of whether an
38 arrestee is the parent, guardian or person legally charged with the care
39 or custody of a child;
40 (2) procedures to allow for the arrangement of temporary care for the
41 child of an arrested parent, guardian or other person legally charged
42 with the care or custody of such child [to ensure such child's safety
43 and well-being], which may include allowing the arrested parent, guardi-
44 an or other person legally charged with the care or custody of such
45 child to place additional phone calls to arrange for child care;
46 (3) [education on how witnessing violence causes emotional harm to
47 children and how] appropriate actions that will allow law enforcement
48 [can] to assist in minimizing the impact of [such] the emotional harm
49 caused by witnessing such arrests; and
50 (4) information on the availability of access to community-based
51 providers of crises intervention, child protection and other supportive
52 resources that could aid the child of an arrested parent, guardian or
53 other person legally charged with the care or custody of such child;
54 § 3. Section 120.85 of the criminal procedure law, as added by a chap-
55 ter of the laws of 2024 amending the executive law and the criminal
56 procedure law, in relation to directing the superintendent of state
A. 813 3
1 police to develop and institute child-sensitive arrest policies and
2 procedures for instances where police are arresting an individual who is
3 a parent, guardian or other person legally charged with the care or
4 custody of a child, as proposed in legislative bills numbers S. 2747 and
5 A. 3502, is amended to read as follows:
6 § 120.85 Child-sensitive arrests.
7 A state or local law enforcement officer who arrests an individual
8 legally charged with the care or custody of a child less than eighteen
9 years old shall to the extent practicable, at the time of the arrest,
10 [inquire whether such individual is the parent, guardian or other person
11 legally charged with the care or custody of a child less than eighteen
12 years old who may be at risk as a result of the arrest. The officer
13 shall make reasonable efforts to ensure the safety of such child in
14 accordance] take appropriate action that is conducive to the child's
15 safety and/or security and is consistent with the policies and proce-
16 dures established pursuant to section two hundred fourteen-i or para-
17 graph (f-2) of subdivision three of section eight hundred forty of the
18 executive law as applicable.
19 § 4. Section 140.17 of the criminal procedure law, as added by a chap-
20 ter of the laws of 2024 amending the executive law and the criminal
21 procedure law, in relation to directing the superintendent of state
22 police to develop and institute child-sensitive arrest policies and
23 procedures for instances where police are arresting an individual who is
24 a parent, guardian or other person legally charged with the care or
25 custody of a child, as proposed in legislative bills numbers S. 2747 and
26 A. 3502, is amended to read as follows:
27 § 140.17 Child-sensitive arrests.
28 A state or local law enforcement officer who arrests an individual
29 legally charged with the care or custody of a child less than eighteen
30 years old shall, to the extent practicable, at the time of the arrest[,
31 inquire whether such individual is the parent, guardian or other person
32 legally charged with the care or custody of a child less than eighteen
33 years old who may be at risk as a result of the arrest. The officer
34 shall make reasonable efforts to ensure the safety of such child in
35 accordance] take appropriate action that is conducive to the child's
36 safety and/or security and is consistent with the policies and proce-
37 dures established pursuant to section two hundred fourteen-i or para-
38 graph (f-2) of subdivision three of section eight hundred forty of the
39 executive law as applicable.
40 § 5. This act shall take effect on the same date and in the same
41 manner as a chapter of the laws of 2024 amending the executive law and
42 the criminal procedure law, in relation to directing the superintendent
43 of state police to develop and institute child-sensitive arrest policies
44 and procedures for instances where police are arresting an individual
45 who is a parent, guardian or other person legally charged with the care
46 or custody of a child, as proposed in legislative bills numbers S. 2747
47 and A. 3502, takes effect.
