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.