85R1644 LHC-F By: Wu, et al. H.B. No. 679 A BILL TO BE ENTITLED AN ACT 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.