Bill Text: TX HB488 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to requirements for a juvenile's appearance in a judicial proceeding.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-23 - Considered in Calendars [HB488 Detail]
Download: Texas-2021-HB488-Introduced.html
| 87R129 LHC-F | ||
| By: Wu | H.B. No. 488 | |
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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 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, 2021. | ||
