Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
805
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 214-i of the executive law, as added by a chapter
of the laws of 2024 amending the executive law and the criminal proce-
dure 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, as proposed in legislative bills numbers S. 2747 and A. 3502, is
amended to read as follows:
§ 214-i. Child-sensitive arrests. The superintendent, in consultation
with the office of children and family services [and the division of
criminal justice services], shall develop, maintain and disseminate to
all members of the state police[, including new and veteran officers,]
written policies and procedures, regarding child-sensitive arrest prac-
tices. Such policies and procedures shall [ensure the identification
and safety of a child less than eighteen years old when such child's]
ADDRESS SITUATIONS IN WHICH THE parent, guardian, or other person legal-
ly charged with the care or custody of [such] A child LESS THAN EIGHTEEN
YEARS OLD is arrested. Such policies and procedures shall include, but
not be limited to:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02848-01-5
S. 805 2
(a) procedures [to ensure that state police officers inquire] REGARD-
ING IDENTIFICATION and [document] DOCUMENTATION OF whether an arrestee
is the parent, guardian or person legally charged with the care or
custody of a child;
(b) procedures to allow for the arrangement of temporary care for the
child of an arrested parent, guardian or other person legally charged
with the care or custody of such child [to ensure such child's safety
and well-being], which may include allowing the arrested parent, guardi-
an or other person legally charged with the care or custody of such
child to place additional phone calls to arrange for child care;
(c) [education on how witnessing violence causes emotional harm to
children and how] APPROPRIATE ACTIONS THAT WILL ALLOW law enforcement
[can] TO assist in minimizing the impact of [such] THE EMOTIONAL harm
CAUSED BY WITNESSING SUCH ARRESTS; and
(d) information on the availability of access to community-based
providers of crisis intervention, child protection and other supportive
resources that could aid the child of an arrested parent, guardian or
other person legally charged with the care or custody of such child.
§ 2. Paragraph (f-2) of subdivision 3 of section 840 of the executive
law, as added by a chapter of the laws of 2024 amending the executive
law and the criminal procedure law, in relation to directing the super-
intendent 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, as proposed in legislative bills
numbers S. 2747 and A. 3502, is amended to read as follows:
(f-2) [Developing, maintaining and disseminating] DEVELOP, MAINTAIN
AND DISSEMINATE, in consultation with the office of children and family
services, written policies and procedures regarding child-sensitive
arrest practices. Such policies and procedures shall [ensure the iden-
tification and safety of a child less than eighteen years old when such
child's] ADDRESS SUCH SITUATIONS IN WHICH THE parent, guardian, or other
person legally charged with the care or custody of [such] A child LESS
THAN EIGHTEEN YEARS OLD is arrested. Such [polices] POLICIES and proce-
dures shall include, but not be limited to:
(1) procedures [to ensure that local law enforcement officers inquire]
REGARDING IDENTIFICATION and [document] DOCUMENTATION OF whether an
arrestee is the parent, guardian or person legally charged with the care
or custody of a child;
(2) procedures to allow for the arrangement of temporary care for the
child of an arrested parent, guardian or other person legally charged
with the care or custody of such child [to ensure such child's safety
and well-being], which may include allowing the arrested parent, guardi-
an or other person legally charged with the care or custody of such
child to place additional phone calls to arrange for child care;
(3) [education on how witnessing violence causes emotional harm to
children and how] APPROPRIATE ACTIONS THAT WILL ALLOW law enforcement
[can] TO assist in minimizing the impact of [such] THE EMOTIONAL harm
CAUSED BY WITNESSING SUCH ARRESTS; and
(4) information on the availability of access to community-based
providers of crises intervention, child protection and other supportive
resources that could aid the child of an arrested parent, guardian or
other person legally charged with the care or custody of such child;
§ 3. Section 120.85 of the criminal procedure law, as added by a chap-
ter of the laws of 2024 amending the executive law and the criminal
procedure law, in relation to directing the superintendent of state
S. 805 3
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, as proposed in legislative bills numbers S. 2747 and
A. 3502, is amended to read as follows:
§ 120.85 Child-sensitive arrests.
A state or local law enforcement officer who arrests an individual
LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD LESS THAN EIGHTEEN
YEARS OLD shall TO THE EXTENT PRACTICABLE, at the time of the arrest,
[inquire whether such individual is the parent, guardian or other person
legally charged with the care or custody of a child less than eighteen
years old who may be at risk as a result of the arrest. The officer
shall make reasonable efforts to ensure the safety of such child in
accordance] TAKE APPROPRIATE ACTION THAT IS CONDUCIVE TO THE CHILD'S
SAFETY AND/OR SECURITY AND IS CONSISTENT with the policies and proce-
dures established pursuant to section two hundred fourteen-i or para-
graph (f-2) of subdivision three of section eight hundred forty of the
executive law as applicable.
§ 4. Section 140.17 of the criminal procedure law, as added by a chap-
ter of the laws of 2024 amending 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, as proposed in legislative bills numbers S. 2747 and
A. 3502, is amended to read as follows:
§ 140.17 Child-sensitive arrests.
A state or local law enforcement officer who arrests an individual
LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD LESS THAN EIGHTEEN
YEARS OLD shall, TO THE EXTENT PRACTICABLE, at the time of the arrest[,
inquire whether such individual is the parent, guardian or other person
legally charged with the care or custody of a child less than eighteen
years old who may be at risk as a result of the arrest. The officer
shall make reasonable efforts to ensure the safety of such child in
accordance] TAKE APPROPRIATE ACTION THAT IS CONDUCIVE TO THE CHILD'S
SAFETY AND/OR SECURITY AND IS CONSISTENT with the policies and proce-
dures established pursuant to section two hundred fourteen-i or para-
graph (f-2) of subdivision three of section eight hundred forty of the
executive law as applicable.
§ 5. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending 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, as proposed in legislative bills numbers S. 2747
and A. 3502, takes effect.Every fact on this page links to its source, starting with the official bill record.