Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
May 31, 2018 |
advanced to third reading |
May 30, 2018 |
2nd report cal. |
May 22, 2018 |
1st report cal.1318 |
Jan 03, 2018 |
referred to judiciary |
Jun 21, 2017 |
committed to rules |
May 01, 2017 |
advanced to third reading |
Apr 26, 2017 |
2nd report cal. |
Apr 25, 2017 |
1st report cal.629 |
Mar 03, 2017 |
referred to judiciary |
Senate Bill S4865
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D, WF) 63rd Senate District
2017-S4865 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5920
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Add §162-a, Fam Ct Act
2017-S4865 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4865 TITLE OF BILL : An act to amend the family court act, in relation to use of restraints on children appearing before the family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court and Rules Advisory Committee. A rapidly escalating national consensus is emerging to restrict the routine use of hardware restraints upon children when they appear in court. Two major national organizations - the National Council of Juvenile and Family Court Judges and the American Bar Association - adopted resolutions in 2015 calling for states to enact presumptions against the use of restraints, reserving their use only for cases in which the child poses a demonstrated safety risk to himself or herself or others.* Recognizing the particular vulnerability of children, at least 25 states have imposed such a presumption either by statute, court rule or case law; 15 states have statutes requiring an individualized judicial finding prior to use of restraints, 11 of which afford youth a right to be heard.** Most recently, presumptions against routine restraints have been established in Delaware, Connecticut, Indiana, Nebraska and Nevada by statute, in Washington, D.C. by Administrative Order of the Superior Court and in Illinois, Ohio and Tennessee by court rule.*** As the Florida Supreme Court stated, in amending section 8.100 of the Florida Rules of Juvenile
2017-S4865 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4865 2017-2018 Regular Sessions I N S E N A T E March 3, 2017 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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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