| 1 | 1 | | 88R974 LHC-F |
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| 2 | 2 | | By: Wu H.B. No. 506 |
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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 requirements for a juvenile's appearance in a judicial |
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| 8 | 8 | | proceeding. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 54, Family Code, is amended by adding |
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| 11 | 11 | | Sections 54.12 and 54.13 to read as follows: |
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| 12 | 12 | | Sec. 54.12. USE OF RESTRAINTS. (a) A mechanical or |
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| 13 | 13 | | physical restraint may not be used on a child during a judicial |
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| 14 | 14 | | proceeding and any restraint must be removed before the child's |
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| 15 | 15 | | appearance before the court unless the court finds that: |
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| 16 | 16 | | (1) the use of a mechanical or physical restraint is |
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| 17 | 17 | | necessary: |
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| 18 | 18 | | (A) to prevent physical injury to the child or |
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| 19 | 19 | | another person; |
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| 20 | 20 | | (B) because the child has a history of disruptive |
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| 21 | 21 | | courtroom behavior that has placed others in potentially harmful |
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| 22 | 22 | | situations; or |
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| 23 | 23 | | (C) because the child presents a substantial risk |
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| 24 | 24 | | of flight from the courtroom; and |
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| 25 | 25 | | (2) the mechanical or physical restraint used is the |
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| 26 | 26 | | least restrictive restraint effective to prevent the child's escape |
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| 27 | 27 | | or physical injury to the child or another person. |
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| 28 | 28 | | (b) The court shall provide the child's attorney an |
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| 29 | 29 | | opportunity to be heard before the court may order the use of a |
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| 30 | 30 | | mechanical or physical restraint. If the use of a restraint is |
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| 31 | 31 | | ordered, the court shall make findings of fact in support of the |
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| 32 | 32 | | order. |
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| 33 | 33 | | Sec. 54.13. CLOTHING DURING JUDICIAL PROCEEDING. (a) |
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| 34 | 34 | | Except as provided by Subsection (b), during a judicial proceeding, |
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| 35 | 35 | | a court shall permit a child to wear clothing other than a uniform |
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| 36 | 36 | | provided by a detention or correctional facility if: |
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| 37 | 37 | | (1) the child's attorney requests the court's |
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| 38 | 38 | | permission for the child to wear other clothing; and |
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| 39 | 39 | | (2) the child's attorney or family member provides the |
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| 40 | 40 | | child with appropriate clothing. |
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| 41 | 41 | | (b) The court may deny an attorney's request under |
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| 42 | 42 | | Subsection (a) only if the court finds that granting the request |
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| 43 | 43 | | would present: |
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| 44 | 44 | | (1) a substantial risk of the child's flight from the |
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| 45 | 45 | | courtroom; or |
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| 46 | 46 | | (2) a safety risk to the child or another person. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2023. |
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