S 3291: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 3291 2025-2026 Regular Sessions  IN SENATE January 24, 2025 ___________ 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. LBD03166-01-5 
 S. 3291 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.