Bill Text: NY S06534 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 6534 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the use of handcuffs, chains, shackles, irons, straitjackets and other restraints on children under the age of twenty-one appearing before family court.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to codes [S06534 Detail]

Download: New_York-2019-S06534-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          6534

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 15, 2019
                                       ___________

        Introduced  by  Sen.  MONTGOMERY  --  (at request of the Office of Court
          Administration) -- read twice and ordered printed, and when printed to
          be committed to the Committee on Rules

        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    §  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    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10681-01-9