Bill Text: TX HB679 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to prohibiting the use of a mechanical or physical restraint on a child during a judicial proceeding in the juvenile court.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB679 Detail]
Download: Texas-2017-HB679-Comm_Sub.html
85R1644 LHC-F | ||
By: Wu, et al. | H.B. No. 679 |
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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; and | ||
(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, 2017. |