New York A 3118: Prohibits the handcuffing or forcible restraint of certain juveniles in certain circumstances; limits warrantless arrests of juveniles except where the arrest is necessary for public safety

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A03118 Summary:

BILL NOA03118 

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SAME ASNo Same As

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SPONSORCruz

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COSPNSR

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MLTSPNSR

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Amd §35.30, Pen L; amd §140.10, CP L; amd §305.2, Fam Ct Act; add §76, Exec L

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Prohibits handcuffing or forcibly restraining children age twelve and under unless such child presents a danger to such child, the officer or others; limits warrantless arrests of persons under age eighteen except where the arrest is necessary for public safety; establishes a twenty-four hour hotline for police officers to consult with youth social services personnel and attorneys regarding interactions with children and adolescents.

Go to top A03118 Actions:

BILL NOA03118 

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01/23/2025referred to codes

01/07/2026referred to codes

Go to topA03118 Committee&nbspVotes:

Go to topA03118 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03118 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3118

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. CRUZ -- read once and referred to the Committee
 on Codes

 AN ACT to amend the penal law, the criminal procedure law, the family
 court act, and the executive law, in relation to prohibiting the hand-
 cuffing or forcible restraint of certain juveniles in certain circum-
 stances; and limiting warrantless arrests of juveniles except where
 the arrest is necessary for public safety

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 35.30 of the penal law is amended by adding a new
 2 subdivision 1-a to read as follows:
 3 1-a. (a) (i) Notwithstanding any contrary provision of this section or
 4 any other contrary provision of law, a police officer or a peace offi-
 5 cer, in the course of effecting or attempting to effect an arrest, or of
 6 preventing or attempting to prevent the escape from custody, of a child
 7 as defined in subparagraph (i) of paragraph (b) of this subdivision whom
 8 such officer reasonably believes to have committed an offense, may use
 9 physical force only when such officer reasonably believes such child
 10 poses an imminent risk of danger to such child, the officer, or another
 11 person, nor shall any such officer handcuff or otherwise forcibly
 12 restrain such child unless such officer reasonably believes such child
 13 poses an imminent risk of danger to such child, the officer, or a third
 14 person.
 15 (ii) Notwithstanding any contrary provision of this section or any
 16 other contrary provision of law, a police officer or a peace officer, in
 17 the course of effecting or attempting to effect an arrest, or of
 18 preventing or attempting to prevent the escape from custody, of an
 19 adolescent as defined in subparagraph (ii) of paragraph (b) of this
 20 subdivision, may handcuff or otherwise forcibly restrain such adolescent
 21 when, in such officer's discretion, such physical force or forcible
 22 restraint is necessary to effect the arrest, prevent the escape or to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06480-01-5

 A. 3118 2

 1 overcome resistance from such adolescent based on the nature and severi-
 2 ty of the alleged offense and the circumstances of the interaction with
 3 such adolescent.
 4 (b) As used in this section the following terms shall have the follow-
 5 ing meanings:
 6 (i) "Child" shall mean a person less than thirteen years of age.
 7 (ii) "Adolescent" shall mean a person over thirteen and less than
 8 eighteen years of age.
 9 (iii) "Forcibly restrain" or "forcible restraint" includes but is not
 10 limited to the following actions:
 11 (A) the use of any type of handcuffs, including disposable cinch
 12 cuffs, thumb cuffs, zip ties, chains, shackles, irons, or any other
 13 similar device or equipment used to restrict a person's movement; or
 14 (B) the use or threatened use of physical force for the purposes of
 15 restricting a person's movement, including the use or threatened use of
 16 a firearm, or a taser, stun gun, or any similar "non-lethal" weapons; or
 17 (C) the use or application of any combination of the methods described
 18 in clauses (A)