By Turner of Harris H.B. No. 2102
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the closing of juvenile court hearings to the public.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 54.08, Family Code, is amended to read as
1-5 follows:
1-6 Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as
1-7 provided by this section [Subsection (b)], the court shall open
1-8 hearings under this title to the public unless the court, for good
1-9 cause shown, determines that the public should be excluded.
1-10 (b) The court may not prohibit a person who is a victim of
1-11 the conduct of a child, or the person's family, from personally
1-12 attending a hearing under this title relating to the conduct by the
1-13 child unless the victim or member of the victim's family is to
1-14 testify in the hearing or any subsequent hearing relating to the
1-15 conduct and the court determines that the victim's or family
1-16 member's testimony would be materially affected if the victim or
1-17 member of the victim's family hears other testimony at trial.
1-18 (c) In this section, "family" has the meaning assigned by
1-19 Section 71.01(b).
1-20 (d) If a child is under the age of 14 at the time of the
1-21 hearing, the court shall close the hearing to the public, unless
1-22 the court finds that the interests of the child or the interests of
1-23 the public would be better served by opening the hearing to the
1-24 public.
2-1 SECTION 2. The change in law made by this Act applies only
2-2 to a hearing under Title 3, Family Code, commenced on or after the
2-3 effective date of this Act. A hearing commenced before the
2-4 effective date of this Act is governed by the law in effect on the
2-5 date the hearing was commenced, and the former law is continued in
2-6 effect for that purpose.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.