By Wise                                                H.B. No. 290
         76R2272 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to excluding the public from criminal trials and juvenile
 1-3     court hearings during the testimony of certain victims.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 54.08, Family Code, is amended by adding
 1-6     Subsections (e) and (f) to read as follows:
 1-7           (e)  The court shall close a hearing to the public during the
 1-8     testimony of a person who is a victim of the conduct of a child if:
 1-9                 (1)  the person is younger than 16 years of age; and
1-10                 (2)  the court determines that the presence of the
1-11     public in the courtroom while the person is testifying:
1-12                       (A)  intimidates the person to the extent that
1-13     the person is unable to testify; or
1-14                       (B)  causes the person severe emotional distress.
1-15           (f)  If the court closes a hearing under Subsection (e), the
1-16     court shall, as soon as practical, make available to the news media
1-17     a copy of the transcript of the excluded testimony.
1-18           SECTION 2.  Chapter 36, Code of Criminal Procedure, is
1-19     amended by adding Article 36.051 to read as follows:
1-20           Art. 36.051.  EXCLUDING THE PUBLIC DURING TESTIMONY OF
1-21     CERTAIN CHILD VICTIMS.  (a)  A court shall exclude the public from
1-22     a judicial proceeding  during the testimony of a person who is the
1-23     victim of an offense if:
1-24                 (1)  the person is younger than 16 years of age; and
 2-1                 (2)  the court determines that the presence of the
 2-2     public in the courtroom while the person is testifying:
 2-3                       (A)  intimidates the person to the extent that
 2-4     the person is unable to testify; or
 2-5                       (B)  causes the person severe emotional distress.
 2-6           (b)  If a court excludes the public from a judicial
 2-7     proceeding under Subsection (a), the court shall, as soon as
 2-8     practical, make available to the news media the transcript of the
 2-9     excluded  testimony.
2-10           SECTION 3.  The change in law made by this Act applies to all
2-11     proceedings or, for the purposes of Title 3, Family Code, all
2-12     hearings occurring on or after the effective date of this Act.
2-13           SECTION 4.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended,
2-18     and that this Act take effect and be in force from and after its
2-19     passage, and it is so enacted.