Bill Sponsors
Bissaillon, Acosta, Vargas, Bell, and LaMountain
Committee
Senate Judiciary
Summary
Select
This legislation modifies state law regarding police interactions with children aged twelve and under. It prohibits police from restraining these children with handcuffs unless there is a public safety necessity or the child is using or threatening physical force against an officer. Additionally, the bill mandates that no child twelve or under can be arrested or adjudicated as delinquent, unless there is probable cause to believe the child committed a felony offense punishable by a term of life imprisonment.
Sponsor
Analysis
Pros for Progressives
- Disrupts the "school-to-prison pipeline" by preventing the criminalization and traumatic arrest of young children for minor behavioral issues.
- Promotes social justice by protecting vulnerable youth populations, who are disproportionately subjected to policing and physical restraint, from state violence.
- Forces a shift toward community-based interventions and restorative justice for youth, rather than relying on the carceral system to manage child behavior.
Cons for Progressives
- The exception allowing handcuffs for "public safety" or "threatening" force is vague and grants police too much discretion, potentially allowing continued mistreatment of minority youth.
- Failure to simultaneously mandate and fund non-police crisis intervention services leaves a gap in support for children exhibiting dangerous behaviors.
- Allowing arrest for felonies punishable by life imprisonment implies that some twelve-year-olds still deserve the full weight of the criminal justice system, which conflicts with abolitionist views on juvenile justice.
Pros for Conservatives
- Protects citizens from government overreach by limiting the physical force state agents can use against young children.
- Focuses law enforcement resources and court time on serious threats and adult crimes rather than policing minor misconduct by pre-teens.
- Reinforces the idea that families and parents, rather than the police and the state, should be the primary disciplinarians for young children.
Cons for Conservatives
- Undermines the rule of law by creating a class of individuals who are effectively immune from arrest for serious crimes like assault, robbery, or arson, provided the penalty isn't life imprisonment.
- Restricts the ability of police officers to effectively control volatile situations involving violent youth, potentially endangering the public and the officers.
- Removes accountability for juvenile offenders, potentially emboldening young criminals who know they cannot be arrested or adjudicated as delinquent.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Children under 13
- Police Officers
- Parents and Guardians
- Juvenile Courts
- Victims of Juvenile Crime
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Sections 14-1-25 and 14-1-26.1 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" are hereby amended to read as follows:
14-1-25. Arrest of juveniles without warrant.
(a) Any officer authorized to make an arrest for any criminal offense may take into custody without a warrant any child believed to be delinquent or wayward within that officer’s jurisdiction, but in no case shall a child be detained in custody longer than twenty-four (24) hours without being referred to the family court for consideration.
(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.
(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.
14-1-26.1. Temporary custody of status and non-offenders.
(a) A juvenile taken into custody at a state, municipal, or college police department for an offense that would not be classified as criminal if committed by an adult, or non-offender juveniles, such as dependent or neglected children, shall be held for identification, investigation, and processing purposes only in an unlocked, multi-purpose room that is not designated for residential use or secure detention. The child shall not be handcuffed to a stationary object and must remain in continuous visual supervision of an agency representative.
(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.
(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.
SECTION 2. This act shall take effect upon passage.
14-1-25. Arrest of juveniles without warrant.
(a) Any officer authorized to make an arrest for any criminal offense may take into custody without a warrant any child believed to be delinquent or wayward within that officer’s jurisdiction, but in no case shall a child be detained in custody longer than twenty-four (24) hours without being referred to the family court for consideration.
(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.
(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.
14-1-26.1. Temporary custody of status and non-offenders.
(a) A juvenile taken into custody at a state, municipal, or college police department for an offense that would not be classified as criminal if committed by an adult, or non-offender juveniles, such as dependent or neglected children, shall be held for identification, investigation, and processing purposes only in an unlocked, multi-purpose room that is not designated for residential use or secure detention. The child shall not be handcuffed to a stationary object and must remain in continuous visual supervision of an agency representative.
(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.
(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.
SECTION 2. This act shall take effect upon passage.