New York 2025-2026 Regular Session

New York Assembly Bill A03814

Introduced
1/30/25  
Refer
1/30/25  

Caption

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.

Summary

Bill A03814 seeks to amend the criminal procedure law in New York to protect children aged thirteen years or younger during the arrest of their parent or guardian. Specifically, it prohibits police officers from arresting, restraining, or subduing a child in these circumstances. The bill mandates that police officers must inquire about the presence of such children at the scene of an arrest and take necessary actions to ensure their safety. This includes allowing communication between the arrested individual and the child and coordinating with social services to ensure the child's safe transfer to a legal guardian.

Impact

If enacted, this bill would significantly alter the procedures law enforcement must follow during the arrest of a parent or guardian in the presence of a young child. It introduces a legal obligation for police officers to prioritize the safety and well-being of children, potentially reducing trauma associated with parental arrests. This could also lead to changes in training for law enforcement regarding interactions with minors during arrest scenarios and may necessitate collaboration with social services.

Sentiment

The sentiment surrounding Bill A03814 appears to be generally supportive among advocates for children's rights and social justice. Discussions indicate a recognition of the potential harm that arrests can cause to young children and a desire to implement protective measures. However, there may be concerns from law enforcement about the practical implications of enforcing such regulations during high-stress situations.

Contention

Notable points of contention may arise from law enforcement agencies regarding the feasibility of implementing the bill's requirements during arrests. Some may argue that the bill could hinder police operations or complicate arrest procedures. Additionally, there may be differing opinions on how best to balance the rights of the arrested individual with the safety of the child, particularly in urgent or volatile situations.

Companion Bills

NY S03291

Same As 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.

Previously Filed As

NY S01044

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.

NY A02092

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.

NY S03291

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.

NY H0083

Booking Officer Duties Related to Minor Children of Arrested Persons

NY A08827

Requires the school of a child who has their parent, guardian, or other person legally charged with the care or custody of such child arrested or whose house has been visited by police be informed of such arrest or visitation and the school establish procedures to best help such child.

NY S1488

Booking Officer Duties Related to Minor Children of Arrested Persons

NY S04763

Relates to the issuance of arrest warrants upon a youth who is still in high school; provides for the police officer to make a reasonable effort to notify the parent or other person legally responsible for the care of such youth or with whom the youth is domiciled that the youth has been arrested; provides that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth; amends provisions relating to sexually exploited children to include persons under the age of nineteen.

NY A03664

Relates to the issuance of arrest warrants upon a youth who is still in high school; provides for the police officer to make a reasonable effort to notify the parent or other person legally responsible for the care of such youth or with whom the youth is domiciled that the youth has been arrested; provides that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth; amends provisions relating to sexually exploited children to include persons under the age of nineteen.

NY S09800

Requires that no person under four years of age shall be a passenger in a taxi or livery unless such person is restrained by a child restraint system; requires that no person four years of age or older but under age eight shall be a passenger in a taxi or livery unless such person is restrained in an appropriate child restraint system; establishes violations of such provisions shall be punished by a civil fine of up to fifty dollars.

NY A00429

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.

Similar Bills

No similar bills found.