HOUSE DOCKET, NO. 2976        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1287

The Commonwealth of Massachusetts

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PRESENTED BY:

Viriato Manuel deMacedo

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to clarifying procedures for the custodial protection of a child requiring assistance.

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PETITION OF:

HOUSE DOCKET, NO. 2976        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1287

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to clarifying procedures for the custodial protection of a child requiring assistance.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 39H of Chapter 119 of the General Laws, as most recently amended by chapter 240 of the acts of 2012, is hereby amended by inserting in the first line of clause (ii) after the word “and” the word:- preferably.

SECTION 2.  Section 39H of Chapter 119 of the General Laws, as so appearing in the 2010 Official Edition, is hereby further amended by striking the sentence “A child in custodial protection may not be confined in shackles or similar restraints or in a court lockup facility in connection with any proceedings under sections 39E to 39I inclusive.” and inserting in place thereof :- The preferred response by law enforcement and court officials when a child is in custodial protection in connection with any proceedings under sections 39E to 39I inclusive is to avoid the use of shackles and court lockup facilities when practicable.