| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 835, 1042 | PRINTER'S NO. 1830 |
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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, YAW, WILLIAMS AND FARNESE, MARCH 11, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 6, 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, in juvenile matters, | <-- |
3 | providing for the use of restraints on juveniles children | <-- |
4 | during court proceedings. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 42 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 6336.2. Use of restraints on juveniles children during court | <-- |
10 | proceedings. |
11 | (a) Use of restraints.--Except as provided for in subsection |
12 | (b), restraints such as handcuffs, chains, shackles, irons or |
13 | straitjackets shall be removed prior to the commencement of a |
14 | court proceeding. |
15 | (b) Exception.--Restraints may be used during a court | <-- |
16 | proceeding if the court determines that: |
17 | (1) they are necessary: |
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1 | (i) to prevent physical harm to the juvenile child | <-- |
2 | or another person; |
3 | (ii) to prevent disruptive courtroom behavior, |
4 | evidenced by a history of behavior that created |
5 | potentially harmful situations or presented substantial |
6 | risk of physical harm; or |
7 | (iii) to prevent the juvenile child, evidenced by an | <-- |
8 | escape history or other relevant factors, from fleeing |
9 | the courtroom; and |
10 | (2) there are no less restrictive alternatives to |
11 | restraints that will prevent harm, disruptive behavior or |
12 | flight. |
13 | (c) Additional requirements.--The child shall be provided an |
14 | opportunity to be heard regarding the necessity of restraints |
15 | before the judge orders the use of restraints. If restraints are |
16 | ordered, the judge shall make findings of fact on the record in |
17 | support of the order. |
18 | (b) Exception.--Restraints may be used during a court | <-- |
19 | proceeding if the court determines on the record, after |
20 | providing the child with an opportunity to be heard, that they |
21 | are necessary: |
22 | (1) to prevent physical harm to the child or another |
23 | person; |
24 | (2) to prevent disruptive courtroom behavior, evidenced |
25 | by a history of behavior that created potentially harmful |
26 | situations or presented substantial risk of physical harm; or |
27 | (3) to prevent the child, evidenced by an escape history |
28 | or other relevant factors, from fleeing the courtroom. |
29 | Section 2. This act shall take effect in 60 days. |
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