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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for a juvenile's appearance in a judicial |
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proceeding. |
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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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Sections 54.12 and 54.13 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 person; |
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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; or |
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(C) because the child presents a substantial risk |
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of flight from the courtroom; and |
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(2) the mechanical or physical restraint used is the |
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least restrictive restraint effective to prevent the child's escape |
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or physical injury to the child or another person. |
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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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Sec. 54.13. CLOTHING DURING JUDICIAL PROCEEDING. (a) |
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Except as provided by Subsection (b), during a judicial proceeding, |
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a court shall permit a child to wear clothing other than a uniform |
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provided by a detention or correctional facility if: |
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(1) the child's attorney requests the court's |
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permission for the child to wear other clothing; and |
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(2) the child's attorney or family member provides the |
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child with appropriate clothing. |
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(b) The court may deny an attorney's request under |
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Subsection (a) only if the court finds that granting the request |
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would present: |
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(1) a substantial risk of the child's flight from the |
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courtroom; or |
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(2) a safety risk to the child or another person. |
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SECTION 2. This Act takes effect September 1, 2023. |