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| PRIOR PRINTER'S NO. 835 | PRINTER'S NO. 1042 |
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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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| SENATOR GREENLEAF, JUDICIARY, AS AMENDED, APRIL 12, 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: |
18 | (i) to prevent physical harm to the juvenile child | <-- |
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1 | or another person; |
2 | (ii) to prevent disruptive courtroom behavior, |
3 | evidenced by a history of behavior that created |
4 | potentially harmful situations or presented substantial |
5 | risk of physical harm; or |
6 | (iii) to prevent the juvenile child, evidenced by an | <-- |
7 | escape history or other relevant factors, from fleeing |
8 | the courtroom; and |
9 | (2) there are no less restrictive alternatives to |
10 | restraints that will prevent harm, disruptive behavior or |
11 | flight. |
12 | (c) Additional requirements.--The child shall be provided an |
13 | opportunity to be heard regarding the necessity of restraints |
14 | before the judge orders the use of restraints. If restraints are |
15 | ordered, the judge shall make findings of fact on the record in |
16 | support of the order. |
17 | Section 2. This act shall take effect in 60 days. |
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