By Turner of Harris H.B. No. 2102
75R6776 JMC-D
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. CLOSED [PUBLIC ACCESS TO] COURT HEARINGS. (a)
1-7 Except as provided by this section [Subsection (b)], the court
1-8 shall close [open] hearings under this title to the public [unless
1-9 the court, for good cause shown, determines that the public should
1-10 be excluded].
1-11 (b) Except as provided by Subsection (c), the [The] court
1-12 may not prohibit a person who is a victim of the conduct of a
1-13 child, or the person's family, from personally attending a hearing
1-14 under this title relating to the conduct by the child.
1-15 (c) The court may prohibit a person who is a victim of the
1-16 conduct of a child from attending a hearing relating to the conduct
1-17 if [unless] the victim is to testify in the hearing or any
1-18 subsequent hearing relating to the conduct and the court determines
1-19 that the victim's testimony would be materially affected if the
1-20 victim hears other testimony at trial.
1-21 (d) In this section, "family" has the meaning assigned by
1-22 Section 71.01(b).
1-23 SECTION 2. The change in law made by this Act applies only
1-24 to a hearing under Title 3, Family Code, commenced on or after the
2-1 effective date of this Act. A hearing commenced before the
2-2 effective date of this Act is governed by the law in effect on the
2-3 date the hearing was commenced, and the former law is continued in
2-4 effect for that purpose.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.
2-12 COMMITTEE AMENDMENT NO. 1
2-13 Please amend H.B. 2102 as follows:
2-14 On page 1, line 6, strike "closed" and reinsert "Public
2-15 Access To".
2-16 On page 1, line 8, strike "close" and reinsert "open".
2-17 On page 1, line 8, reinsert "unless the court, for good cause
2-18 shown, determines that the public should be excluded".
2-19 On page 1, line 11, section (b), strike "Except as provided
2-20 by Subsection (c), the".
2-21 On page 1, line 11, reinsert "The" before "court".
2-22 On page 1, line 14, strike "." and insert, "unless the victim
2-23 or member of the victim's family is to testify in the hearing or
2-24 any subsequent hearing relating to the conduct and the court
2-25 determines that the victim's or family member's testimony would be
2-26 materially affected if the victim or member of the victim's family
2-27 hears other testimony at trial".
3-1 On page 1, line 15, strike section (c).
3-2 On page, 1, line 21, list section (d) as section (c).
3-3 On page 1, line 23, following section (c), insert new section
3-4 (d):
3-5 (d) If a child is under the age of 14 at the time of the
3-6 hearing, the court shall close the hearing to the public, unless
3-7 the court finds that the interests of the child or the interests of
3-8 the public would be better served by opening the hearing to the
3-9 public.
3-10 Goodman