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Assembly Bill A5920

2017-2018 Legislative Session

Relates to the use of restraints on children appearing before family court

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Archive: Last Bill Status - On Floor Calendar

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2017-A5920 (ACTIVE) - Details

See Senate Version of this Bill:
S4865
Law Section:
Family Court Act
Laws Affected:
Add §162-a, Fam Ct Act

2017-A5920 (ACTIVE) - Summary

Relates to the use of restraints on children appearing before family court.

2017-A5920 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5920
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 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:
   § 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.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06881-01-7

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