By Wise                                                H.B. No. 303
         76R2323 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, with the following actions
 2-5     given preference over other criminal actions:
 2-6                       (A)  criminal actions against defendants who are
 2-7     detained in jail pending trial;
 2-8                       (B)  criminal actions involving a charge that a
 2-9     person committed an act of family violence, as defined by Section
2-10     71.004 [71.01], Family Code; and
2-11                       (C)  an offense under:
2-12                             (i)  Section 21.11, Penal Code;
2-13                             (ii)  Chapter 22, Penal Code, if the victim
2-14     of the alleged offense is younger than 17 years of age;
2-15                             (iii)  Section 25.02, Penal Code, if the
2-16     victim of the alleged offense is younger than 17 years of age; or
2-17                             (iv)  Section 25.06, Penal Code;
2-18                 (4) [(3)]  election contests and suits under the
2-19     Election Code;
2-20                 (5) [(4)]  orders for the protection of the family
2-21     under Section 6.504 or Chapter 85 [3.581, 71.11, or 71.12], Family
2-22     Code;
2-23                 (6) [(5)]  appeals of final rulings and decisions of
2-24     the Texas Workers' Compensation Commission and claims under the
2-25     Federal Employers' Liability Act and the Jones Act; and
2-26                 (7) [(6)]  appeals of final orders of the commissioner
2-27     of the General Land Office under Section 51.3021, Natural Resources
 3-1     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 to all
3-10     criminal or juvenile court proceedings occurring on or after the
3-11     effective date of this Act.
3-12           SECTION 6.  The importance of this legislation and the
3-13     crowded condition of the calendars in both houses create an
3-14     emergency and an imperative public necessity that the
3-15     constitutional rule requiring bills to be read on three several
3-16     days in each house be suspended, and this rule is hereby suspended,
3-17     and that this Act take effect and be in force from and after its
3-18     passage, and it is so enacted.