senate Bill S4865

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
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

Votes

view votes

May 22, 2018 - Judiciary committee Vote

S4865
22
0
committee
22
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Apr 25, 2017 - Judiciary committee Vote

S4865
19
1
committee
19
Aye
1
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Apr 25, 2017

nay (1)
aye wr (1)
excused (2)

Co-Sponsors

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

S4865 (ACTIVE) - Summary

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

S4865 (ACTIVE) - Sponsor Memo

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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