A 1955: 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.
The bill aims to amend the law regarding the questioning of minors by peace or police officers. The key points include: The law requires that if an officer takes a child into custody or delivers the child to an officer, they must immediately notify the child's parent or the person responsible for their care. If the parent is unavailable, the officer must notify the person with whom the child resides. Additionally, the bill requires that if the officer knows the child's attorney, they must also notify the attorney if one has been appointed for any pending or previous court proceedings. The changes will take effect 90 days after the bill becomes a law.
| Jan. 07, 2026 | referred to children and families |
| Jan. 14, 2025 | referred to children and families |
STATE OF NEW YORK ________________________________________________________________________ 1955 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. 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] an officer under section 305.1, [he] such officer shall 5 immediately notify the following persons that the child has been taken 6 into custody: (a) the parent, or other person legally responsible for 7 the child's care, or if such legally responsible person is unavailable 8 the person with whom the child resides, [that the child has been taken9into custody] and (b) if known by the officer, the attorney for the 10 child, if one has been appointed pursuant to section two hundred forty- 11 nine of this 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. LBD05248-01-5