Directs 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3502
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:
To establish, maintain, and disseminate policies and procedures regard-
ing child-sensitive arrest practices.
SUMMARY OF PROVISIONS:
Section 1: Amends the executive law by adding a new section 214-g,
requiring the superintendent, in consultation with the office of child
and family services and the division of criminal justice services, to
maintain and disseminate written policies and procedures regarding child
sensitive arrest practices. These policies include but are not limited
to: (1) inquiring whether an arrestee is charged with the care or custo-
dy of a child; (2) allowing for the arrangement of temporary care for
the child; (3) education on how witnessing violence causes emotional
harm to children and how law enforcement can minimize the impact of such
harm; (4) information on the availability of access to community-based
providers of crisis intervention, child protection, and other resources
that could aid the child.
Section 2. Amends the executive law by adding a new subdivision (f-2) to
subdivision 3 of section 840, requiring DOS in consultation with the
office of child and family services to maintain and disseminate written
policies and procedures regarding child sensitive arrest practices.
These policies include but are not limited to: (1) inquiring whether an
arrestee is charged with the care or custody of a child; (2) allowing
for the arrangement of temporary care for the child; (3) education on
how witnessing violence causes emotional harm to children and how law
enforcement can minimize the impact of such harm; (4) information. on
the availability of access to community-based providers of crisis inter-
vention, child protection, and other resources that could aid the child.
Section 3: Amends the criminal procedure law by adding two new sections
120.85 and 140.17, by requiring that state and local law enforcement
officers who are arresting an individual inquire at the time of the
arrest whether the individual is parent, guardian, or person legally
charged with the care or custody of a minor child who may be at risk as
a result of the arrest. Further, the arresting officer is to make
reasonable efforts to ensure the safety of such child in accordance with
the polices established pursuant to section 214-d of the executive law.
JUSTIFICATION:
A national study conducted in 1998 estimated that of parents arrested,
67% were handcuffed in front of their children, 27% reported weapons
drawn in front of their children, 4.3% reported a physical struggle, and
3.2% reported the use of pepper spray. (Phillips, S.D. (1998). Program-
ming for children of female offenders. Proceedings from 4th National
Head Start Research Conference. Washington, DC (cited in report to the
Oregon Legislature on Senate Bill 133 (p.2). December 2002)). According
to a 2010 study discussed in a report by the examining the relationship
between witnessing arrests and elevated symptoms of post traumatic
stress, children who witnessed the arrest of someone in their household
and had a recently arrested parent were 73% more likely to have elevated
post traumatic stress symptoms than children who did not have an
arrested parent and had never witnessed an arrest (Phillips, S.D., &
Zhao J. (2010). The relationship between witnessing arrests and elevated
symptoms of posttraumatic stress. Children and Youth Services Review,
32 (10). 1246-1254. doi:10.1016/j.childyouth.201004.0125)
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 that 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.
LEGISLATIVE HISTORY:
3/12/21 referred to codes, 5/19/21 referred to rules, 6/10/21 passed
assembly, 1/05/22 ordered to third reading cal.208
FISCAL IMPLICATIONS:
Not determined at this time.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
3502
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
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. The executive law is amended by adding a new section 214-i
2 to read as follows:
3 § 214-i. Child-sensitive arrests. The superintendent, in consultation
4 with the office of children and family services and the division of
5 criminal justice services, shall develop, maintain and disseminate to
6 all members of the state police, including new and veteran officers,
7 written policies and procedures, regarding child-sensitive arrest prac-
8 tices. Such policies and procedures shall ensure the identification and
9 safety of a child less than eighteen years old when such child's parent,
10 guardian, or other person legally charged with the care or custody of
11 such child is arrested. Such policies and procedures shall include, but
12 not be limited to:
13 (a) procedures to ensure that state police officers inquire and docu-
14 ment whether an arrestee is the parent, guardian or person legally
15 charged with the care or custody of a child;
16 (b) procedures to allow for the arrangement of temporary care for the
17 child of an arrested parent, guardian or other person legally charged
18 with the care or custody of such child to ensure such child's safety and
19 well-being, which may include allowing the arrested parent, guardian or
20 other person legally charged with the care or custody of such child to
21 place additional phone calls to arrange for child care;
22 (c) education on how witnessing violence causes emotional harm to
23 children and how law enforcement can assist in minimizing the impact of
24 such harm; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03791-01-3
A. 3502 2
1 (d) information on the availability of access to community-based
2 providers of crisis intervention, child protection and other supportive
3 resources that could aid the child of an arrested parent, guardian or
4 other person legally charged with the care or custody of such child.
5 § 2. Subdivision 3 of section 840 of the executive law is amended by
6 adding a new paragraph (f-2) to read as follows:
7 (f-2) Developing, maintaining and disseminating, in consultation with
8 the office of children and family services, written policies and proce-
9 dures regarding child-sensitive arrest practices. Such policies and
10 procedures shall ensure the identification and safety of a child less
11 than eighteen years old when such child's parent, guardian, or other
12 person legally charged with the care or custody of such child is
13 arrested. Such polices and procedures shall include, but not be limited
14 to:
15 (1) procedures to ensure that local law enforcement officers inquire
16 and document whether an arrestee is the parent, guardian or person
17 legally charged with the care or custody of a child;
18 (2) procedures to allow for the arrangement of temporary care for the
19 child of an arrested parent, guardian or other person legally charged
20 with the care or custody of such child to ensure such child's safety and
21 well-being, which may include allowing the arrested parent, guardian or
22 other person legally charged with the care or custody of such child to
23 place additional phone calls to arrange for child care;
24 (3) education on how witnessing violence causes emotional harm to
25 children and how law enforcement can assist in minimizing the impact of
26 such harm; and
27 (4) information on the availability of access to community-based
28 providers of crises intervention, child protection and other supportive
29 resources that could aid the child of an arrested parent, guardian or
30 other person legally charged with the care or custody of such child;
31 § 3. The criminal procedure law is amended by adding two new sections
32 120.85 and 140.17 to read as follows:
33 § 120.85 Child-sensitive arrests.
34 A state or local law enforcement officer who arrests an individual
35 shall, at the time of the arrest, inquire whether such individual is the
36 parent, guardian or other person legally charged with the care or custo-
37 dy of a child less than eighteen years old who may be at risk as a
38 result of the arrest. The officer shall make reasonable efforts to
39 ensure the safety of such child in accordance with the policies and
40 procedures established pursuant to section two hundred fourteen-i or
41 paragraph (f-2) of subdivision three of section eight hundred forty of
42 the executive law as applicable.
43 § 140.17 Child-sensitive arrests.
44 A state or local law enforcement officer who arrests an individual
45 shall, at the time of the arrest, inquire whether such individual is the
46 parent, guardian or other person legally charged with the care or custo-
47 dy of a child less than eighteen years old who may be at risk as a
48 result of the arrest. The officer shall make reasonable efforts to
49 ensure the safety of such child in accordance with the policies and
50 procedures established pursuant to section two hundred fourteen-i or
51 paragraph (f-2) of subdivision three of section eight hundred forty of
52 the executive law as applicable.
53 § 4. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law.
