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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of a mechanical or physical |
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restraint on a child during a judicial proceeding in the juvenile |
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court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Family Code, is amended by adding |
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Section 54.12 to read as follows: |
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Sec. 54.12. USE OF RESTRAINTS. (a) A mechanical or |
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physical restraint may not be used on a child during a judicial |
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proceeding and any restraint must be removed before the child's |
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appearance before the court unless the court finds that: |
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(1) the use of a mechanical or physical restraint is |
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necessary: |
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(A) to prevent physical injury to the child or |
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another; or |
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(B) because the child has a history of disruptive |
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courtroom behavior that has placed others in potentially harmful |
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situations; and |
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(2) the mechanical or physical restraint used is the |
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least restrictive restraint effective to prevent physical injury to |
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the child or another or the child's escape. |
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(b) The court shall provide the child's attorney an |
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opportunity to be heard before the court may order the use of a |
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mechanical or physical restraint. If the use of a restraint is |
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ordered, the court shall make findings of fact in support of the |
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order. |
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SECTION 2. This Act takes effect September 1, 2017. |