New York State Assembly

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A07879 Summary:

BILL NO	A07879
SAME AS	SAME AS S07605
SPONSOR	Gantt
COSPNSR
MLTSPNSR
Add S162-a, Fam Ct Act
Provides for the removal of restraints on children under 21 years of age upon entry into family court except in limited situations.

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A07879 Actions:

BILL NO	A07879
05/28/2015	referred to judiciary
06/02/2015	reported referred to codes
06/08/2015	reported referred to rules
06/18/2015	reported
06/18/2015	rules report cal.680
06/18/2015	ordered to third reading rules cal.680
01/06/2016	referred to judiciary
02/25/2016	reported referred to codes
03/01/2016	reported
03/03/2016	advanced to third reading cal.421

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A07879 Committee Votes:

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A07879 Floor Votes:

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A07879 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7879
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 28, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  GANTT  -- (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:
 
     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.
                                                                   LBD09656-02-5

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