New York A 3814: Relates to increasing the frequency that visitation or inspections of facilities operated or licensed by the office for people with developmental disabilities must be made each year

Bill Text

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A03814 Summary:

BILL NOA03814 

&nbsp

SAME ASSAME AS S03291

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SPONSORMeeks

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COSPNSRRivera, Cunningham, Jackson, Clark, Anderson, Gibbs, Gallagher

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MLTSPNSR

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Amd §§140.10 & 140.25, CP L

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Provides 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; provides that all police officers present at the scene of arrest shall have an affirmative duty to keep such child safe, and shall permit the person being arrested to communicate with such child up until such person is removed from the scene.

Go to top A03814 Actions:

BILL NOA03814 

&nbsp

01/30/2025referred to codes

01/07/2026referred to codes

Go to topA03814 Committee&nbspVotes:

Go to topA03814 Floor&nbspVotes:

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

Go to topA03814 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3814

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. MEEKS, RIVERA, CUNNINGHAM, JACKSON, CLARK, ANDER-
 SON, GIBBS, GALLAGHER -- read once and referred to the Committee on
 Codes

 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

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

 1 Section 1. Section 140.10 of the criminal procedure law is amended by
 2 adding a new subdivision 7 to read as follows:
 3 7. No police officer shall arrest, restrain, or otherwise subdue a
 4 child who is thirteen years of age or less while effecting the arrest of
 5 the parent or guardian of such child. When effecting the arrest of any
 6 person, any police officer present at the scene of arrest shall inquire
 7 as to the presence of any such child at the scene. If any such child is
 8 present, all police officers present at the scene of arrest shall have
 9 an affirmative duty to keep such child safe, shall permit the person
 10 being arrested to communicate with such child up until such person is
 11 removed from the scene, and shall, in collaboration with any relevant
 12 social work or community organization, provide for the delivery of such
 13 child to another parent or legal guardian who is authorized to have
 14 custody.
 15 § 2. Section 140.25 of the criminal procedure law is amended by adding
 16 a new subdivision 6 to read as follows:
 17 6. No peace officer shall arrest, restrain, or otherwise subdue a
 18 child who is thirteen years of age or less while effecting the arrest of
 19 the parent or guardian of such child. When effecting the arrest of any
 20 person, all peace officers present at the scene of arrest shall inquire
 21 as to the presence of any such child at the scene. If any such child is
 22 present, any peace officer present at the scene of arrest shall have an

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03166-01-5

 A. 3814 2

 1 affirmative duty to keep such child safe, shall permit the person being
 2 arrested to communicate with such child up until such person is removed
 3 from the scene, and shall, in collaboration with any relevant social
 4 work or community organization, provide for the delivery of such child
 5 to another parent or legal guardian who is authorized to have custody.
 6 § 3. This act shall take effect immediately.

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