New York 2025-2026 Regular Session

New York Senate Bill S03291

Introduced
1/24/25  
Refer
1/24/25  

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 S03291 seeks to amend the criminal procedure law in New York to protect children aged thirteen and under during the arrest of their parent or guardian. The bill prohibits police officers from arresting, restraining, or subduing a child in this age group while executing the arrest of the adult. It mandates that officers inquire about the presence of such children at the scene and take necessary steps to ensure their safety, including allowing communication with the arrested individual and facilitating their transfer to a responsible guardian or social service organization.

Impact

If enacted, this bill would significantly alter police procedures during arrests involving minors, specifically those under thirteen. It would create new obligations for law enforcement officers to prioritize the welfare of young children present during arrests, potentially reducing the trauma experienced by these minors. The bill aims to align law enforcement practices with child welfare considerations, thereby impacting the broader legal framework surrounding police conduct and child protection laws in New York.

Sentiment

The sentiment surrounding Bill S03291 appears to be generally supportive, particularly among child advocacy groups and those concerned with the welfare of minors during law enforcement actions. However, there may be concerns from law enforcement agencies regarding the practical implications of implementing these requirements during arrests, which could lead to discussions about the balance between law enforcement duties and child protection.

Contention

Notable points of contention may arise from law enforcement representatives who could argue that the bill complicates the arrest process and may hinder their ability to perform their duties effectively. Conversely, child welfare advocates strongly support the bill, emphasizing the need to protect vulnerable children from the potential trauma associated with witnessing an arrest of a parent or guardian.

Companion Bills

NY A03814

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 A03814

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 S1488

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 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.