Bill Title: To require restraints to be removed from an alleged or adjudicated delinquent child prior to the commencement of a juvenile court hearing or proceeding unless the court determines that the use of restraints is necessary to prevent physical harm to the child or another person or to prevent the child from escaping.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2013-05-07 - To Judiciary
[HB156 Detail]Download: Ohio-2013-HB156-Introduced.html
As Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
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Cosponsors:
Representatives Antonio, Fedor, Heard, Ashford, Sykes
A BILL
| To enact section 2151.351 of the Revised Code to | 1 |
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require restraints to be removed from an alleged | 2 |
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or adjudicated delinquent child prior to the | 3 |
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commencement of a juvenile court hearing or | 4 |
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proceeding unless the court determines that the | 5 |
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use of restraints is necessary to prevent physical | 6 |
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harm to the child or another person or to prevent | 7 |
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the child from escaping. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 2151.351 of the Revised Code be | 9 |
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enacted to read as follows: | 10 |
| Sec. 2151.351. (A) Except as provided in division (B) of this | 11 |
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section, restraints shall be removed from an alleged or | 12 |
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adjudicated delinquent child prior to the commencement of a | 13 |
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juvenile court hearing or proceeding concerning the child. | 14 |
| (B) Restraints may be placed on an alleged or adjudicated | 15 |
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delinquent child during a juvenile court hearing or proceeding if | 16 |
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the court determines that restraints are necessary for either of | 17 |
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the following: | 18 |
| (1) To prevent physical harm to the child or another person; | 19 |
| (2) To prevent the child from fleeing or attempting to flee | 20 |
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the hearing or proceeding. | 21 |
| (C) The presiding juvenile court judge shall determine | 22 |
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whether to place restraints on an alleged or adjudicated | 23 |
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delinquent child in a juvenile court hearing or proceeding. | 24 |
| (D) The juvenile court may consider on a case-by-case basis a | 25 |
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motion brought by a juvenile court prosecutor or law enforcement | 26 |
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officer requesting the court to place an alleged or adjudicated | 27 |
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delinquent child in restraints during a juvenile court hearing or | 28 |
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proceeding. | 29 |
| (E) As used in this section, "restraints" means handcuffs, | 30 |
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chains, irons, or other devices used to restrain a person's | 31 |
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movements. | 32 |
