Bill Text: TX HB4267 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to requirements for a juvenile's appearance in a judicial proceeding.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-10 - Comm. report sent to Local & Consent Calendar [HB4267 Detail]
Download: Texas-2019-HB4267-Comm_Sub.html
| 86R28020 LHC-F | |||
| By: Wu, Miller, Dutton, White | H.B. No. 4267 | ||
| Substitute the following for H.B. No. 4267: | |||
| By: Dutton | C.S.H.B. No. 4267 | ||
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| 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; 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. | ||
| 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)(1) 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, 2019. | ||
