assembly Bill A7796

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 Via S6498 - 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 (12)
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
Jun 07, 2021 substituted by s6498
rules report cal.514
reported
Jun 02, 2021 reported referred to rules
May 26, 2021 reported referred to codes
May 21, 2021 referred to judiciary

A7796 (ACTIVE) - Details

See Senate Version of this Bill:
S6498
Law Section:
Family Court Act
Laws Affected:
Add §162-a, Fam Ct Act

A7796 (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.

A7796 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7796
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MEEKS  -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 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