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Assembly Bill A7879

2015-2016 Legislative Session

Provides for the removal of restraints on children under 21 years of age upon entry into family court

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Archive: Last Bill Status - On Floor Calendar

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2015-A7879 (ACTIVE) - Details

See Senate Version of this Bill:
S7605
Law Section:
Family Court Act
Laws Affected:
Add ยง162-a, Fam Ct Act

2015-A7879 (ACTIVE) - Summary

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

2015-A7879 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section  1.  The  family  court act is amended by adding a new section
162-a to read as follows:
  S 162-A. USE OF RESTRAINTS ON  CHILDREN  IN  COURTROOMS.  (A)  USE  OF
RESTRAINTS.  EXCEPT  AS  OTHERWISE  PROVIDED  IN SUBDIVISION (B) OF THIS
SECTION, RESTRAINTS ON CHILDREN UNDER THE AGE OF TWENTY-ONE,  INCLUDING,
BUT NOT LIMITED TO, HANDCUFFS, CHAINS, SHACKLES, IRONS OR STRAITJACKETS,
ARE PROHIBITED IN THE COURTROOM.
  (B)  EXCEPTION. PERMISSIBLE PHYSICAL RESTRAINT CONSISTING OF HANDCUFFS
OR FOOTCUFFS THAT SHALL NOT BE JOINED TO EACH OTHER MAY BE USED  IN  THE
COURTROOM  DURING A PROCEEDING BEFORE THE COURT ONLY IF THE COURT DETER-
MINES ON THE RECORD, AFTER PROVIDING THE CHILD WITH AN OPPORTUNITY TO BE
HEARD, WHY SUCH RESTRAINT IS THE LEAST RESTRICTIVE ALTERNATIVE NECESSARY
TO PREVENT:
  (1) PHYSICAL INJURY TO THE CHILD OR ANOTHER PERSON BY THE CHILD;
  (2)  PHYSICALLY  DISRUPTIVE  COURTROOM  BEHAVIOR  BY  THE  CHILD,   AS
EVIDENCED  BY  A RECENT HISTORY OF BEHAVIOR THAT PRESENTED A SUBSTANTIAL
RISK OF PHYSICAL HARM TO THE CHILD OR ANOTHER PERSON, WHERE SUCH  BEHAV-
IOR  INDICATES A SUBSTANTIAL LIKELIHOOD OF CURRENT PHYSICALLY DISRUPTIVE
COURTROOM BEHAVIOR BY THE CHILD; OR
  (3) FLIGHT FROM THE COURTROOM BY THE CHILD, AS EVIDENCED BY  A  RECENT
HISTORY OF ABSCONDING FROM THE COURT.
  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

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