Prohibits the arrest or restraint of a child less than thirteen years of age while effecting the arrest of the parent or guardian of such child

2025 Regular Session Introduced by Khaleel Anderson and 7 co-sponsors

Prohibits arrest or restraint of a child under 13 when officers arrest or detain the child's parent or guardian, protecting kids from being restrained during parental arrests.

REFERRED TO CODES

Summary: Assembly Bill A 3814

Bill: A 3814
Title: Prohibits the arrest or restraint of a child less than thirteen years of age while effecting the arrest of the parent or guardian of such child
Status: REFERRED TO CODES
Introduced: January 30, 2025
Classification: bill

Purpose and intent

The bill seeks to protect children under 13 from being arrested or restrained in the context of arresting or detaining their parent or guardian. The core aim is to prevent a child from being subjected to arrest procedures or physical restraint as law enforcement engages with the parent/guardian.

Key provisions (as stated in the bill overview)

Core prohibition: The bill would bar the arrest or restraint of a child under thirteen years old while officers are effecting the arrest of the child’s parent or guardian.

Text does not specify in this summary any exceptions, definitions, or procedures; the full statutory language would detail any permissible actions, safety protocols, and any exceptions (e.g., exigent circumstances) or alternative handling of the child.

Enforcement and compliance mechanisms would be defined in the bill’s text, including how violations would be handled by law enforcement and potential reporting requirements.

Who would be affected

Children: Specifically protects children under 13 from arrest or restraint during an arrest of a parent/guardian.

Parents and guardians: Individuals facing arrest who have a child present would be affected insofar as the arrest process must avoid arresting or restraining the child.

Law enforcement agencies and officers: Agencies would need to adjust arrest procedures and training to ensure compliance with the prohibition.

Child welfare considerations: Implications for safeguarding the child during arrest scenarios, potentially involving coordination with child welfare services when a child is present.

Procedural and timeline aspects

Legislative status: Referred to Codes (the Assembly Committee on Codes) as of the introduction date.

Introduced: January 30, 2025.

Related/Companion bills:

A 10323 (prior-session)
A 2092 (prior-session)
S 3291 (companion) These related measures indicate analogous or parallel proposals in other bill numbers and in the Senate.

Additional context to consider (from the bill’s potential text)

Definitions: How “arrest” and “restraint” are defined for purposes of this prohibition.

Exceptions: Whether exceptions exist for exigent or safety-related circumstances.

Implementation: Any required training, protocols, or reporting to ensure child safety during arrests.

Effective date: The bill’s effective date would be specified in the text.

For complete details, the official full text and any amendments should be consulted once available.