PRIOR PRINTER'S NO. 835

PRINTER'S NO.  1042

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

817

Session of

2011

  

  

INTRODUCED BY BAKER, YUDICHAK, ARGALL, BROWNE, COSTA, ERICKSON, FERLO, FONTANA, GREENLEAF, McILHINNEY, RAFFERTY, SMUCKER, WASHINGTON, WOZNIAK, YAW, WILLIAMS AND FARNESE, MARCH 11, 2011

  

  

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, APRIL 12, 2011   

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, in juvenile matters,

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providing for the use of restraints on juveniles children 

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during court proceedings.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 42 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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§ 6336.2.  Use of restraints on juveniles children during court

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proceedings.

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(a)  Use of restraints.--Except as provided for in subsection

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(b), restraints such as handcuffs, chains, shackles, irons or

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straitjackets shall be removed prior to the commencement of a

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court proceeding.

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(b)  Exception.--Restraints may be used during a court

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proceeding if the court determines that:

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(1)  they are necessary:

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(i)  to prevent physical harm to the juvenile child 

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or another person;

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(ii)  to prevent disruptive courtroom behavior,

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evidenced by a history of behavior that created

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potentially harmful situations or presented substantial

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risk of physical harm; or

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(iii)  to prevent the juvenile child, evidenced by an

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escape history or other relevant factors, from fleeing

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the courtroom; and

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(2)  there are no less restrictive alternatives to

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restraints that will prevent harm, disruptive behavior or

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flight.

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(c)  Additional requirements.--The child shall be provided an

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opportunity to be heard regarding the necessity of restraints

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before the judge orders the use of restraints. If restraints are

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ordered, the judge shall make findings of fact on the record in

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support of the order.

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Section 2.  This act shall take effect in 60 days.

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