Bill Text: NY A07528 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.276 [A07528 Detail]

Download: New_York-2019-A07528-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7528
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 8, 2019
                                       ___________
        Introduced  by  M. of A. GANTT, DINOWITZ -- (at request of the Office of
          Court Administration) -- read once and referred 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:
     1    Section  1.  The  family  court act is amended by adding a new section
     2  162-a to read as follows:
     3    § 162-a. Use of restraints on  children  in  courtrooms.  (a)  Use  of
     4  restraints.  Except  as  otherwise  provided  in subdivision (b) of this
     5  section, restraints on children under the age of twenty-one,  including,
     6  but not limited to, handcuffs, chains, shackles, irons or straitjackets,
     7  are prohibited in the courtroom.
     8    (b)  Exception. Permissible physical restraint consisting of handcuffs
     9  or footcuffs that shall not be joined to each other may be used  in  the
    10  courtroom  during a proceeding before the court only if the court deter-
    11  mines on the record, after providing the child with an opportunity to be
    12  heard, why such restraint is the least restrictive alternative necessary
    13  to prevent:
    14    (1) physical injury to the child or another person by the child;
    15    (2)  physically  disruptive  courtroom  behavior  by  the  child,   as
    16  evidenced  by  a recent history of behavior that presented a substantial
    17  risk of physical harm to the child or another person, where such  behav-
    18  ior  indicates a substantial likelihood of current physically disruptive
    19  courtroom behavior by the child; or
    20    (3) flight from the courtroom by the child, as evidenced by  a  recent
    21  history of absconding from the court.
    22    § 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