GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2007-100

HOUSE BILL 1243

 

 

AN ACT to create a procedure by which determination is made to restrain juveniles in the courtroom.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  Article 24 of Chapter 7B of the General Statutes is amended by adding a new section to read:

"§ 7B-2402.1. Restraint of juveniles in courtroom.

At any hearing authorized or required by this Subchapter, the judge may subject a juvenile to physical restraint in the courtroom only when the judge finds the restraint to be reasonably necessary to maintain order, prevent the juvenile's escape, or provide for the safety of the courtroom. Whenever practical, the judge shall provide the juvenile and the juvenile's attorney an opportunity to be heard to contest the use of restraints before the judge orders the use of restraints. If restraints are ordered, the judge shall make findings of fact in support of the order."

SECTION 2.  This act becomes effective October 1, 2007, and applies to all hearings conducted on or after that date.

In the General Assembly read three times and ratified this the 14th day of June, 2007.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 7:18 p.m. this 20th day of June, 2007