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A00633 Summary:

BILL NOA00633
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd 305.2, Fam Ct Act
 
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.
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A00633 Actions:

BILL NOA00633
 
01/09/2019referred to children and families
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A00633 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A633
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the family court act, in relation to questioning of a minor by peace or police officers   PURPOSE: This bill adds the attorney for the child to those persons required to be notified when a minor is taken into custody by a peace or police officer.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 3 of section 305.2 of the family court act, as added by chapter 920 of the laws of 1982. Section two sets forth the effective date.   JUSTIFICATION: Attorneys for children play a crucial role in the lives of the youth they represent. Such attorneys must represent these youth in Family Court and advocate for appropriate permanency goals and dispositions. Yet, many attorneys for children express concern that they are not always notified by authorities of critical situations the youth may be experiencing, such as being taken into custody by peace or police offi- cers. Notification of law guardians in these situations would assist them in representing the youth to the best of their abilities.   LEGISLATIVE HISTORY: 2017-18: A.4910 - Referred to Children and Families 2015-16: A.883-A - Reported to Codes 2013-14: A.6630 - Referred to Children and Families; S.1137 - Referred to Children and Families   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect on the ninetieth day after it shall become a law.
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A00633 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           633
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  M.  of  A. L. 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  or  her  under section 305.1, he or she shall immediately
     5  notify the following persons that the child has been taken into custody:
     6  (a) the parent, or other person  legally  responsible  for  the  child's
     7  care,  or  if  such legally responsible person is unavailable the person
     8  with whom the child resides, [that the child has been taken into  custo-
     9  dy]  and (b) if known by the officer, the attorney for the child, if one
    10  has  been  appointed  pursuant to section two hundred forty-nine of this
    11  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.
                                                                   LBD03393-01-9
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