By Wise H.B. No. 2370
75R6094 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the priority and duration of criminal and juvenile
1-3 justice proceedings involving a child victim.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 29, Code of Criminal Procedure, is
1-6 amended by adding Article 29.14 to read as follows:
1-7 Art. 29.14. EFFECT OF CONTINUANCE ON CHILD VICTIM. In
1-8 determining whether to continue a proceeding under this chapter, a
1-9 court shall consider the effect that the continuance may have on
1-10 the victim of the alleged offense if the victim is younger than 16
1-11 years of age.
1-12 SECTION 2. Chapter 51, Family Code, is amended by adding
1-13 Section 51.171 to read as follows:
1-14 Sec. 51.171. EFFECT OF DELAY ON CHILD VICTIM. In
1-15 determining whether to continue or delay a proceeding under this
1-16 title, the juvenile court shall consider the effect that a
1-17 continuance or delay may have on the victim of the alleged conduct
1-18 if the victim is younger than 16 years of age.
1-19 SECTION 3. Section 23.101(a), Government Code, is amended to
1-20 read as follows:
1-21 (a) The trial courts of this state shall regularly and
1-22 frequently set hearings and trials of pending matters, giving
1-23 preference to hearings and trials of the following:
1-24 (1) criminal and juvenile court proceedings if the
2-1 victim of the alleged offense or conduct, as appropriate, is
2-2 younger than 16 years of age;
2-3 (2) temporary injunctions;
2-4 (3) [(2)] criminal actions, other than those listed by
2-5 Subdivision (8) [(7)], with the following actions given preference
2-6 over other criminal actions:
2-7 (A) criminal actions against defendants who are
2-8 detained in jail pending trial; and
2-9 (B) criminal actions involving a charge that a
2-10 person committed an act of family violence, as defined by Section
2-11 71.01, Family Code;
2-12 (4) [(3)] election contests and suits under the
2-13 Election Code;
2-14 (5) [(4)] orders for the protection of the family
2-15 under Section 3.581, 71.11, or 71.12, Family Code;
2-16 (6) [(5)] appeals of final rulings and decisions of
2-17 the Texas Workers' Compensation Commission and claims under the
2-18 Federal Employers' Liability Act and the Jones Act;
2-19 (7) [(6)] appeals of final orders of the commissioner
2-20 of the General Land Office under Section 51.3021, Natural Resources
2-21 Code; and
2-22 (8) [(7)] an offense under:
2-23 (A) Section 21.11, Penal Code;
2-24 (B) Chapter 22, Penal Code, if the victim of the
2-25 alleged offense is younger than 17 years of age;
2-26 (C) Section 25.02, Penal Code, if the victim of
2-27 the alleged offense is younger than 17 years of age; or
3-1 (D) Section 25.06, Penal Code.
3-2 SECTION 4. Subchapter B, Chapter 23, Government Code, is
3-3 amended by adding Section 23.104 to read as follows:
3-4 Sec. 23.104. SPEEDY TRIAL. A presiding judge, or an
3-5 attorney participating in a judicial proceeding, shall take
3-6 appropriate action to ensure that an actor charged with an offense
3-7 or conduct involving a victim younger than 16 years of age receives
3-8 a speedy trial.
3-9 SECTION 5. The change in law made by this Act applies only
3-10 to a criminal or juvenile court proceeding commenced on or after
3-11 the effective date of this Act. A proceeding commenced before the
3-12 effective date of this Act is covered by the law in effect when the
3-13 proceeding was commenced, and the former law is continued in
3-14 effect for that purpose.
3-15 SECTION 6. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.