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
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.
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.
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.
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.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Adult at Minor’s Questioning
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- 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.