SRC-AMY, JEC, MSY C.S.S.B. 1132 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1132
78R12110 JMM-FBy: Williams
Health & Human Services
5/18/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

With the exception of a pilot program in Harris County, current law does
not allow courts to accept videoconference testimony from certain
professionals in proceedings regarding alleged abuse or neglect of a
child.  C.S.S.B. 1132 amends Chapter 104 of the Family Code to permit
courts to accept videoconference testimony from professionals whose
testimony could be important in cases of alleged abuse or neglect of a
child.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 104, Family Code, by adding Section 104.007, as
follows: 

Sec.  104.007.  VIDEO TESTIMONY OF CERTAIN PROFESSIONALS.  (a)  Defines
"professional" for the purposes of this section. 

(b)  Authorizes the court to order, with the agreement of the state's
counsel and the defendant's counsel, that the testimony of a professional
be taken outside the courtroom by videoconference, in a proceeding brought
by the Department of Protective and Regulatory Services concerning a child
who is alleged to have been abused or neglected. 

(c)  Requires that the court ensure that the videoconference testimony
meets certain requirements. 

(d)  Prohibits that a professional be compelled to be physically present
in the court during a proceeding to provide the same testimony as provided
by videoconference, if the court permits such testimony to be admitted
during the same proceeding, unless ordered by the court. 

SECTION 2.   (a)  Effective date:  September 1, 2003.  

(b)  Provides that the change in law made by this Act applies to testimony
taken on or after the effective date in a proceeding affecting the
parent-child relationship involving an allegation of abuse or neglect of a
child, regardless of whether: 

(1)  the allegation was made before, on, or after the effective date, or

(2)  the suit commenced before, on, or after the effective date.