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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BAKER, YUDICHAK, ARGALL, BROWNE, COSTA, ERICKSON, FERLO, FONTANA, GREENLEAF, McILHINNEY, RAFFERTY, SMUCKER, WASHINGTON, WOZNIAK AND YAW, MARCH 11, 2011 |
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| REFERRED TO JUDICIARY, MARCH 11, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for the use of |
3 | restraints on juveniles during court proceedings. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 42 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 6336.2. Use of restraints on juveniles during court |
9 | proceedings. |
10 | (a) Use of restraints.--Except as provided for in subsection |
11 | (b), restraints such as handcuffs, chains, shackles, irons or |
12 | straitjackets shall be removed prior to the commencement of a |
13 | court proceeding. |
14 | (b) Exception.--Restraints may be used during a court |
15 | proceeding if the court determines that: |
16 | (1) they are necessary: |
17 | (i) to prevent physical harm to the juvenile or |
18 | another person; |
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1 | (ii) to prevent disruptive courtroom behavior, |
2 | evidenced by a history of behavior that created |
3 | potentially harmful situations or presented substantial |
4 | risk of physical harm; or |
5 | (iii) to prevent the juvenile, evidenced by an |
6 | escape history or other relevant factors, from fleeing |
7 | the courtroom; and |
8 | (2) there are no less restrictive alternatives to |
9 | restraints that will prevent harm, disruptive behavior or |
10 | flight. |
11 | (c) Additional requirements.--The child shall be provided an |
12 | opportunity to be heard regarding the necessity of restraints |
13 | before the judge orders the use of restraints. If restraints are |
14 | ordered, the judge shall make findings of fact on the record in |
15 | support of the order. |
16 | Section 2. This act shall take effect in 60 days. |
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