87R129 LHC-F
 
  By: Wu H.B. No. 488
 
 
 
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, 2021.