February 12, 2020 - Introduced by Senators L. Taylor, Johnson, Larson and
Smith, cosponsored by Representatives Bowen, Crowley, Brostoff, Goyke,
Kolste, Neubauer, Stubbs, Subeck, Cabrera, Anderson, Considine,
Gruszynski, L. Myers, Spreitzer, Sargent and Zamarripa. Referred to
Committee on Insurance, Financial Services, Government Oversight and
Courts.

SB813,1,2 1An Act to create 48.299 (2), 938.299 (2) and 967.13 of the statutes; relating to:
2the use of restraints on a child in juvenile or criminal court.

This bill generally prohibits the use of restraints on anyone under the age of 18
when appearing before the court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code or before the criminal court. The bill
provides that, upon a request of the district attorney, corporation counsel, or other
appropriate county official, a court may order the use of restraints on a child if, after
a hearing, it issues written findings of fact showing that the use of restraints is
necessary under certain conditions. The bill also requires that any restraints used
on a child must allow limited movement of the hands and prohibits the use of fixed
restraints that are attached to a wall, floor, or furniture.

SB813,2,24 48.299 (2) (a) Except as provided in par. (b), instruments of restraint such as
5handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other
6similar items may not be used on a child during a court proceeding under this chapter

1and shall be removed prior to the child being brought into the courtroom to appear
2before the court.

SB813,2,53 (b) A court may order a child to be restrained during a court proceeding upon
4request of the district attorney, corporation counsel, or other appropriate official
5specified under s. 48.09 if the court finds all of the following: