New York S 3291: Prohibits the arrest or restraint of a child less than thirteen years of age while effecting the arrest of the parent or guardian of such child

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S03291 Summary:

BILL NOS03291 

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SAME ASSAME AS A03814

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SPONSORCOONEY

&nbsp

COSPNSR

&nbsp

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 S03291 Actions:

BILL NOS03291 

&nbsp

01/24/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03291 Committee&nbspVotes:

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

Go to topS03291 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3291

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sen. COONEY -- read twice and ordered printed, and when
 printed to be committed 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
 23 affirmative duty to keep such child safe, shall permit the person being

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

 S. 3291 2

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

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