HBA-RBT H.B. 290 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 290
By: Wise
Criminal Jurisprudence
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Some child witnesses have a difficult time testifying in court.  The U.S.
Supreme Court ruled in Globe Newspaper Co.  v.  Superior Court for the
County of Norfolk, 457 U.S. 596 (1982), that a state may not automatically
require the judge to remove all spectators during a child's testimony in a
sexual victimization case, but the Court also stated that if circumstances
required it in a particular case, a judge may remove the spectators.  The
Supreme Court has also held that the media has a First Amendment right to
report on events in a trial and the public has a right to be present in
court.  H.B. 290 requires the court to close a hearing to the public during
the testimony of a child victim if the court determines that the presence
of the public in the courtroom while the victim is testifying intimidates
the victim to the extent that the victim is unable to testify or causes the
victim severe emotional distress.  It also requires the court to make a
copy of the transcript of the testimony available to the news media as soon
as practicable after the hearing. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 54.08, Family Code, to require the court to
close a hearing to the public during the testimony of a victim of the
conduct of a child, if the victim is younger than 16, and the court
determines that the presence of the public in the courtroom while the
victim is testifying intimidates the victim to the extent that the victim
is unable to testify or causes the victim severe emotional distress.
Requires the court to make a copy of the transcript of the excluded
testimony available to the news media as soon as practicable if a hearing
is closed. 

SECTION 2.  Amends Chapter 36, Code of Criminal Procedure, by adding
Article 36.051, as follows: 

Art.  36.051.  EXCLUDING THE PUBLIC DURING TESTIMONY OF CERTAIN CHILD
VICTIMS.  Requires a court to exclude the public from a judicial proceeding
during the testimony of the victim of an offense, if the victim is under
16, and the court determines that the presence of the public in the
courtroom while the victim is testifying will intimidate the victim to the
extent that the victim will be unable to testify or will cause the victim
severe emotional distress.  Requires the court to make available to the
news media the transcript of the excluded testimony if the court closes a
hearing under this article. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.
            Effective date: upon passage.