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.
