By McCoulskey                                         H.B. No. 1133
       74R3659 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the method by which a juvenile court judge may give
    1-3  certain explanations at an adjudication hearing.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 54.03, Family Code, is amended by
    1-6  amending Subsection (b) and adding Subsection (i) to read as
    1-7  follows:
    1-8        (b)  Immediately before or at <At> the beginning of the
    1-9  adjudication hearing, the juvenile court judge shall, in the manner
   1-10  provided by Subsection (i), explain to the child and his parent,
   1-11  guardian, or guardian ad litem:
   1-12              (1)  the allegations made against the child;
   1-13              (2)  the nature and possible consequences of the
   1-14  proceedings, including the law relating to the admissibility of the
   1-15  record of a juvenile court adjudication in a criminal proceeding;
   1-16              (3)  the child's privilege against self-incrimination;
   1-17              (4)  the child's right to trial and to confrontation of
   1-18  witnesses;
   1-19              (5)  the child's right to representation by an attorney
   1-20  if he is not already represented; and
   1-21              (6)  the child's right to trial by jury.
   1-22        (i)  The juvenile court judge may explain one or more items
   1-23  listed under Subsection (b) orally, in writing, by a videotape
   1-24  recording, or by any combination of these methods.  A child and the
    2-1  child's parent, guardian, or guardian ad litem who have received
    2-2  and understood an explanation of an item in writing or by a
    2-3  videotape recording shall certify to the judge at the beginning of
    2-4  the adjudication hearing that the explanation of the item was
    2-5  understood.  If the child, the child's parent, guardian, or
    2-6  guardian ad litem, or both, are unable to make this certification
    2-7  because the item was not understood, the judge shall orally explain
    2-8  the item.
    2-9        SECTION 2.  This Act takes effect September 1, 1995.
   2-10        SECTION 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.