Bill Text: NY A07879 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the removal of restraints on children under 21 years of age upon entry into family court except in limited situations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-03 - advanced to third reading cal.421 [A07879 Detail]

Download: New_York-2015-A07879-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7879
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 28, 2015
                                      ___________
       Introduced  by  M.  of  A.  GANTT  -- (at request of the Office of Court
         Administration) -- read once and referred to the Committee on  Judici-
         ary
       AN  ACT  to amend the family court act, in relation to use of restraints
         on children appearing before the family court
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  family  court act is amended by adding a new section
    2  162-a to read as follows:
    3    S 162-A. USE OF RESTRAINTS ON  CHILDREN  IN  COURTROOMS.  (A)  USE  OF
    4  RESTRAINTS.  EXCEPT  AS  OTHERWISE  PROVIDED  IN SUBDIVISION (B) OF THIS
    5  SECTION, RESTRAINTS ON CHILDREN UNDER THE AGE OF TWENTY-ONE,  INCLUDING,
    6  BUT NOT LIMITED TO, HANDCUFFS, CHAINS, SHACKLES, IRONS OR STRAITJACKETS,
    7  ARE PROHIBITED IN THE COURTROOM.
    8    (B)  EXCEPTION. PERMISSIBLE PHYSICAL RESTRAINT CONSISTING OF HANDCUFFS
    9  OR FOOTCUFFS THAT SHALL NOT BE JOINED TO EACH OTHER MAY BE USED  IN  THE
   10  COURTROOM  DURING A PROCEEDING BEFORE THE COURT ONLY IF THE COURT DETER-
   11  MINES ON THE RECORD, AFTER PROVIDING THE CHILD WITH AN OPPORTUNITY TO BE
   12  HEARD, WHY SUCH RESTRAINT IS THE LEAST RESTRICTIVE ALTERNATIVE NECESSARY
   13  TO PREVENT:
   14    (1) PHYSICAL INJURY TO THE CHILD OR ANOTHER PERSON BY THE CHILD;
   15    (2)  PHYSICALLY  DISRUPTIVE  COURTROOM  BEHAVIOR  BY  THE  CHILD,   AS
   16  EVIDENCED  BY  A RECENT HISTORY OF BEHAVIOR THAT PRESENTED A SUBSTANTIAL
   17  RISK OF PHYSICAL HARM TO THE CHILD OR ANOTHER PERSON, WHERE SUCH  BEHAV-
   18  IOR  INDICATES A SUBSTANTIAL LIKELIHOOD OF CURRENT PHYSICALLY DISRUPTIVE
   19  COURTROOM BEHAVIOR BY THE CHILD; OR
   20    (3) FLIGHT FROM THE COURTROOM BY THE CHILD, AS EVIDENCED BY  A  RECENT
   21  HISTORY OF ABSCONDING FROM THE COURT.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09656-02-5