S 805: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 805 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 
 S. 805 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 
 S. 805 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.