Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jul 22, 2020 | referred to codes delivered to assembly passed senate |
Jul 21, 2020 | ordered to third reading cal.799 |
Jul 20, 2020 | reported and committed to rules reported and committed to rules |
Jan 08, 2020 | referred to judiciary returned to senate died in assembly |
Jun 19, 2019 | referred to codes delivered to assembly passed senate ordered to third reading cal.1735 |
Jun 15, 2019 | referred to rules |
senate Bill S6534
Sponsored By
Velmanette Montgomery
(D) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Votes
Co-Sponsors
Jamaal T. Bailey
(D) 36th Senate District
John C. Liu
(D) 11th Senate District
S6534 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7528
- Current Committee:
- Assembly Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Add §162-a, Fam Ct Act
S6534 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6534 SPONSOR: MONTGOMERY 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 Advisory and Rules Committee. This measure would amend the Family Court Act to bar the use of restraints on children in Family Court courtrooms except in narrowly defined circumstances. A rapidly escalating national consensus is emerging to restrict routine use of hardware restraints upon children appearing 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 where a child poses a demonstrated safety risk to himself or herself, or others. Recognizing the partic- ular vulnerability of children, at least 30 states have imposed a presumption against restraints either by statute, court rule or case
S6534 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6534 2019-2020 Regular Sessions I N S E N A T E June 15, 2019 ___________ Introduced by Sen. MONTGOMERY -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD10681-01-9
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