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 |
Assembly Bill A7796
Signed By Governor2021-2022 Legislative Session
Sponsored By
MEEKS
Archive: Last Bill Status Via S6498 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2021-A7796 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6498
- Law Section:
- Family Court Act
- Laws Affected:
- Add §162-a, Fam Ct Act
2021-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
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