senate Bill S6498

Signed By Governor
2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 08, 2021 signed chap.474
Sep 28, 2021 delivered to governor
Jun 10, 2021 returned to senate
passed assembly
Jun 07, 2021 ordered to third reading rules cal.514
substituted for a7796
referred to codes
delivered to assembly
passed senate
May 19, 2021 advanced to third reading
May 12, 2021 2nd report cal.
May 11, 2021 1st report cal.1004
May 04, 2021 referred to judiciary

S6498 (ACTIVE) - Details

See Assembly Version of this Bill:
A7796
Law Section:
Family Court Act
Laws Affected:
Add §162-a, Fam Ct Act

S6498 (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.

S6498 (ACTIVE) - Sponsor Memo

S6498 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6498
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2021
                                ___________
 
 Introduced by Sen. BAILEY -- (at request of the Office of Court Adminis-
   tration)  --  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.
                                                            LBD08879-01-1

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