CJ H.B. 2102 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES H.B. 2102 By: S. Turner 4-4-97 Committee Report (Amended) BACKGROUND Currently, court proceedings for juveniles ages 10 to 17, may be open to the public. Many juveniles who are not yet convicted of a crime have been subject to public scrutiny due to the access that the general public holds in these juvenile court hearings, if the judge determines that the court hearing is to be open. Juveniles should be given some level of protection as they proceed through the court system, particularly when they have not yet been convicted. PURPOSE This legislation is intended to keep juvenile court hearings closed, except to the victim or the victim's family. The court hearings for juveniles under a determinate sentence will be closed but, the court hearings for juveniles certified as adults will still remain open to the public in accordance with the penal code. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 54.08 (a) to (c) of Family Code, by keeping juvenile court hearings closed, except to the victim or the victim's family. The victim may be barred if he/she is going to testify and the court determines that attendance may affect that testimony. SECTION 2. Effective Date. SECTION 3. Emergency Clause. CJ H.B. 2102 75(R) EXPLANATION OF AMENDMENTS Committee Amendment 1 restores the original language in Sec 54.08 (a) and adds a qualification to (b) that would exclude the victim or their family if they are going to testify later and the court thinks that their presence in the court would affect their testimony. Subsection (c) is struck. A new subsection (d) is added to require closed hearings, when the child is under 14, in the absence of a finding by the court to the contrary.