By: Wu, Dutton, White of Tyler H.B. No. 2934
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of a mechanical or physical
restraint on a child during a judicial proceeding in the juvenile
court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Family Code, is amended by adding
Section 54.12 to read as follows:
Sec. 54.12. USE OF RESTRAINTS. (a) A mechanical or
physical restraint may not be used on a child during a judicial
proceeding and any restraint must be removed before the child's
appearance before the court unless the court finds that:
(1) the use of a mechanical or physical restraint is
necessary:
(A) to prevent physical injury to the child or
another; or
(B) because the child has a history of disruptive
courtroom behavior that has placed others in potentially harmful
situations;
(2) the mechanical or physical restraint used is the
least restrictive restraint effective to prevent physical injury to
the child or another or the child's escape.
(b) The court shall provide the child's attorney an
opportunity to be heard before the court may order the use of a
mechanical or physical restraint. If the use of a restraint is
ordered, the court shall make findings of fact in support of the
order.
SECTION 2. This Act takes effect September 1, 2015.