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H. 3196
STATUS INFORMATION
General Bill
Sponsors: Reps. Brady, Spires, Toole, Butler Garrick, Erickson and Long
Document Path: l:\council\bills\ms\7066ahb11.docx
Companion/Similar bill(s): 303
Introduced in the House on January 11, 2011
Currently residing in the House Committee on Judiciary
Summary: Juveniles
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/14/2010 House Prefiled
12/14/2010 House Referred to Committee on Judiciary
1/11/2011 House Introduced and read first time (House Journal-page 79)
1/11/2011 House Referred to Committee on Judiciary
(House Journal-page 79)
1/26/2011 House Member(s) request name added as sponsor: Toole
2/2/2011 House Member(s) request name added as sponsor: Butler Garrick
3/2/2011 House Member(s) request name added as sponsor: Erickson, Long
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-19-1415 SO AS TO PROVIDE RESTRICTIONS ON THE USE OF RESTRAINTS ON JUVENILES UNLESS THE RESTRAINTS ARE NECESSARY TO PREVENT HARM AND THERE ARE NO LESS RESTRICTIVE ALTERNATIVES AVAILABLE, TO GIVE A JUVENILE'S ATTORNEY THE RIGHT TO BE HEARD, AND TO REQUIRE FINDINGS OF FACT IN SUPPORT IF RESTRAINTS ARE ORDERED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 13, Chapter 19, Title 63 of the 1976 Code is amended to read:
"Section 63-19-1415. (A) When a juvenile appears before the court wearing instruments of restraint, such as handcuffs, chains, irons, or straightjackets, the court in any proceeding may not continue with the juvenile required to wear instruments of restraint unless the court first finds that:
(1) the use of restraints is necessary due to one of the following factors:
(a) the child poses a threat of serious harm to himself or others;
(b) the child has a demonstrable recent record of disruptive courtroom behavior that has placed others in potentially harmful situations; or
(c) there is reason to believe the child is a flight risk; and
(2) there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including, but not limited to, court personnel, law enforcement officers, or bailiffs.
(B) The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make findings of fact in support of the order."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, December 10, 2013 at 10:16 A.M.