88R974 LHC-F
By: Wu H.B. No. 506
A BILL TO BE ENTITLED
AN ACT
relating to requirements for a juvenile's appearance in a judicial
proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Family Code, is amended by adding
Sections 54.12 and 54.13 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 person;
(B) because the child has a history of disruptive
courtroom behavior that has placed others in potentially harmful
situations; or
(C) because the child presents a substantial risk
of flight from the courtroom; and
(2) the mechanical or physical restraint used is the
least restrictive restraint effective to prevent the child's escape
or physical injury to the child or another person.
(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.
Sec. 54.13. CLOTHING DURING JUDICIAL PROCEEDING. (a)
Except as provided by Subsection (b), during a judicial proceeding,
a court shall permit a child to wear clothing other than a uniform
provided by a detention or correctional facility if:
(1) the child's attorney requests the court's
permission for the child to wear other clothing; and
(2) the child's attorney or family member provides the
child with appropriate clothing.
(b) The court may deny an attorney's request under
Subsection (a) only if the court finds that granting the request
would present:
(1) a substantial risk of the child's flight from the
courtroom; or
(2) a safety risk to the child or another person.
SECTION 2. This Act takes effect September 1, 2023.