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A633Assembly2019-2020 Session

Require Adult at Minor’s Questioning

Official title

“Requires a parent, law guardian or person legally responsible for a minor to be present during questioning by a peace or police officer”

Sponsor Linda RosenthalAD-67Affects Health
Status
In Assembly Committee
Children And Families
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Children And Families

What's happening

This bill requires police to notify a child's parent or guardian and, if known, the child's attorney when taking a minor into custody.

Why it matters

  1. Strengthens protections for minors during police encounters. by ensuring that both a parent/guardian and, if known, the child’s attorney are notified immediately when a child is taken into custody, increasing transparency and oversight.

  2. Helps safeguard minors’ legal rights. by involving an attorney early in the process, which can prevent inappropriate questioning or pressure on the child before legal counsel is present.

  3. Aims to reduce the risk of wrongful confessions or misunderstandings. during police questioning, recognizing that children are especially vulnerable in custodial settings and may not fully understand their rights or the situation.

  4. May impact law enforcement procedures and accountability. , as required notifications create a record and additional step, potentially deterring misconduct or procedural errors when dealing with minors.

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Who cares

Headline styles

Require Adult at Minor’s Questioning

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

No co-sponsors yet.

History

  1. Referred to children and families
  2. Referred to children and families

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

633

2019-2020 Regular Sessions

IN ASSEMBLY (Prefiled)

January 9, 2019

Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Children and Families

AN ACT to amend the family court act, in relation to questioning of a minor by peace or police officers

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

Section 1. Subdivision 3 of section 305.2 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows:

3. If an officer takes such child into custody or if a child is delivered to him or her under section 305.1, he or she shall immediately notify the following persons that the child has been taken into custody: (a) the parent, or other person legally responsible for the child's care, or if such legally responsible person is unavailable the person with whom the child resides, [that the child has been taken into custody] and (b) if known by the officer, the attorney for the child, if one has been appointed pursuant to section two hundred forty-nine of this chapter for any pending or previous court proceeding.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03393-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.