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NY A00429
Bill
Status
1/9/2023
Primary Sponsor
Kenneth Burgos
Click for details
AI Summary
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Police officers may only use physical force on children under 13 when the child poses an imminent risk of danger to themselves, the officer, or another person, and cannot handcuff or forcibly restrain them except under the same imminent danger standard.
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Police officers may handcuff or forcibly restrain adolescents ages 13-17 when necessary to effect arrest, prevent escape, or overcome resistance based on the nature and severity of the alleged offense and circumstances of the interaction.
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Warrantless arrests of persons under 18 are limited to cases where the arrest is reasonably necessary to prevent an immediate threat to public safety; otherwise officers must issue appearance tickets or apply for arrest warrants.
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The Attorney General must establish a 24-hour toll-free hotline staffed by youth social services professionals and attorneys to advise police officers on field arrests, custody orders, warrants, and other procedures involving persons under 18.
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The act takes effect immediately upon enactment.
Legislative Description
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.
Last Action
enacting clause stricken
7/22/2024