senate Bill S6534

2019-2020 Legislative Session

Prohibits the use of certain restraints on children appearing before family court

download bill text pdf

Sponsored By

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

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

view votes

Jul 21, 2020 - Rules committee Vote

S6534
13
6
committee
13
Aye
6
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jul 20, 2020 - Judiciary committee Vote

S6534
12
1
committee
12
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Jul 20, 2020

nay (1)
aye wr (2)

Jun 19, 2019 - Rules committee Vote

S6534
12
5
committee
12
Aye
5
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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) - Summary

Prohibits the use of handcuffs, chains, shackles, irons, straitjackets and other restraints on children under the age of twenty-one appearing before family court.

S6534 (ACTIVE) - Sponsor Memo

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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