| 1 | 1 | | 85R1644 LHC-F |
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| 2 | 2 | | By: Wu, et al. H.B. No. 679 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting the use of a mechanical or physical |
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| 8 | 8 | | restraint on a child during a judicial proceeding in the juvenile |
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| 9 | 9 | | court. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 54, Family Code, is amended by adding |
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| 12 | 12 | | Section 54.12 to read as follows: |
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| 13 | 13 | | Sec. 54.12. USE OF RESTRAINTS. (a) A mechanical or |
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| 14 | 14 | | physical restraint may not be used on a child during a judicial |
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| 15 | 15 | | proceeding and any restraint must be removed before the child's |
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| 16 | 16 | | appearance before the court unless the court finds that: |
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| 17 | 17 | | (1) the use of a mechanical or physical restraint is |
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| 18 | 18 | | necessary: |
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| 19 | 19 | | (A) to prevent physical injury to the child or |
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| 20 | 20 | | another; or |
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| 21 | 21 | | (B) because the child has a history of disruptive |
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| 22 | 22 | | courtroom behavior that has placed others in potentially harmful |
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| 23 | 23 | | situations; and |
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| 24 | 24 | | (2) the mechanical or physical restraint used is the |
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| 25 | 25 | | least restrictive restraint effective to prevent physical injury to |
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| 26 | 26 | | the child or another or the child's escape. |
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| 27 | 27 | | (b) The court shall provide the child's attorney an |
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| 28 | 28 | | opportunity to be heard before the court may order the use of a |
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| 29 | 29 | | mechanical or physical restraint. If the use of a restraint is |
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| 30 | 30 | | ordered, the court shall make findings of fact in support of the |
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| 31 | 31 | | order. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2017. |
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