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N.Y. Fam. Ct. Act § 305.1

Custody by a private person

Redline — January 1, 2018 → current.View current text →
Current — January 1, 2020
As of January 1, 2018
§ 305.1. Custody by a private person. * 1. A private person may take a\nchild under the age of sixteen into custody in cases in which he may\narrest an adult for a crime under section 140.30 of the criminal\nprocedure law.\n * NB Effective until October 1, 2018\n * 1. A private person may take a child who may be subject to the\nprovisions of this article for committing an act that would be a crime\nif committed by an adult into custody in cases in which such private\nperson may arrest an adult for a crime under section 140.30 of the\ncriminal procedure law.\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n 2. Before taking such child under the age of sixteen into custody, a\nprivate person must inform the child of the cause thereof and require\nhim to submit, except when he is taken into custody on pursuit\nimmediately after the commission of a crime.\n 3. After taking such child into custody, a private person must take\nthe child, without unnecessary delay, to the child's home, to a family\ncourt, or to a police officer or peace officer.\n
§ 305.1. Custody by a private person. 1. A private person may take a\nchild who may be subject to the provisions of this article for\ncommitting an act that would be a crime if committed by an adult into\ncustody in cases in which such private person may arrest an adult for a\ncrime under section 140.30 of the criminal procedure law.\n 2. Before taking such child under the age of sixteen into custody, a\nprivate person must inform the child of the cause thereof and require\nhim to submit, except when he is taken into custody on pursuit\nimmediately after the commission of a crime.\n 3. After taking such child into custody, a private person must take\nthe child, without unnecessary delay, to the child's home, to a family\ncourt, or to a police officer or peace officer.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.