BILL NUMBER: S3291
SPONSOR: COONEY
 
TITLE OF BILL:
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
 
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 7 to section 140.10 of the criminal
procedure to prohibit police officers from arresting, restraining or
otherwise subduing a child who is thirteen years of age or less who is
present during the arrest of a parent or guardian. Such officers shall
inquire as to the presence of such a child at the scene, and if present,
all officers at the scene shall have an affirmative duty to keep such
child safe and well. All officers shall also, in collaboration with any
relevant social work and community organization, provide for the deliv-
ery of such child to another parent or guardian authorized to have
custody.
Section 2 adds a new subdivision 6 to section 140.25 which applies to
peace officers.
Section 3 establishes the effective date.
 
JUSTIFICATION:
The effects of witnessing a parent's arrest can be traumatizing on a
child. Forty percent of children who are present at a parent's arrest
suffer clinically significant emotional and behavioral problems, about
twice the rate of children in the general population. These children can
suffer symptoms such as sleep disruption, separation anxiety, irritabil-
ity, and various post-traumatic stress reactions.
Even more shocking, in the United States from 2013-2018, over 30,000
children under the, ago of ten were arrested. For ten to twelve year
olds, that number jumps to over 266,000.
This bill prohibits any police or peace officer from arresting,
restraining, or otherwise subduing a child who is thirteen years of age
or less while the child's parent or guardian is being arrested. It also
places an affirmative duty on these officers to safeguard the child's
wellbeing and deliver them to another appropriate parent or guardian.
Reducing the harmful effects of such a traumatic situation on these
children should be a priority for those who protect and serve our commu-
nities.
 
LEGISLATIVE HISTORY:
2023-24: S.1044
2021-22: S.8452
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3291: 140.10 criminal procedure law, 140.25 criminal procedure law