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Amend SB 669 (House Committee Printing) as follows:
(1) Add the following appropriately numbered SECTIONS to the
bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION _____. Subsection (e), Section 261.302, Family Code,
is amended to read as follows:
(e) An interview by an investigating agency, other than the
department, with a child alleged to be a victim of physical abuse or
sexual abuse shall be audiotaped or videotaped unless the
investigating agency determines that good cause exists for not
audiotaping or videotaping the interview in accordance with rules
of the agency. Good cause may include, but is not limited to, such
considerations as the age of the child and the nature and
seriousness of the allegations under investigation. An interview
by the department with a child alleged to be the victim of physical
abuse or sexual abuse shall be audiotaped or videotaped unless a
parent of the child observes the interview or agrees in writing that
the department may proceed with the interview without taping the
interview or a court, on finding good cause, waives the
requirement. Nothing in this subsection shall be construed as
prohibiting the department or other investigating agency from
audiotaping or videotaping an interview of a child on any case for
which such audiotaping or videotaping is not required under this
subsection. The fact that the department or other investigating
agency failed to audiotape or videotape an interview is admissible
at the trial of the offense that is the subject of the interview.
SECTION _____. Section 262.201(a), Family Code, is amended to
read as follows:
(a) Unless the child has already been returned to the parent,
managing conservator, possessory conservator, guardian, caretaker,
or custodian entitled to possession and the temporary order, if
any, has been dissolved, a full adversary hearing shall be held not
later than the 14th day after the date the child was taken into
possession by the governmental entity. The parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian entitled to possession of the child may petition the
court to hold the hearing on a date earlier than the date set by the
court under this subsection.
(2) Strike SECTION 3 of the bill (page 2, lines 19-24) and
substitute the following appropriately numbered SECTION:
SECTION _____. (a) This Act takes effect September 1, 2003.
(b) Sections 261.301 and 261.302, Family Code, as amended by
this Act, apply only to the investigation of a report of child abuse
or neglect made on or after the effective date of this Act, without
regard to whether the abuse or neglect occurred before, on, or after
that date. The investigation of a report made before the effective
date of this Act is governed by the law in effect on the date the
report was made, and the former law is continued in effect for that
purpose.
(b) Section 262.201(a), Family Code, as amended by this Act,
applies only to a hearing with regard to a child taken into
possession by a governmental entity on or after the effective date
of this Act. A hearing with regard to a child taken into possession
by a governmental entity before the effective date of this Act is
governed by the law in effect on the date the child was taken into
possession by the governmental entity, and the former law is
continued in effect for that purpose.