By:  Williams                                                     S.B. No. 1132
	(In the Senate - Filed March 11, 2003; March 17, 2003, read 
first time and referred to Committee on Health and Human Services; 
May 21, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; May 21, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1132                                   By:  Gallegos


A BILL TO BE ENTITLED

AN ACT


relating to the admission of certain video testimony into evidence 
in a proceeding regarding the abuse or neglect of a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 104, Family Code, is amended by adding 
Section 104.007 to read as follows:
	Sec. 104.007.  VIDEO TESTIMONY OF CERTAIN PROFESSIONALS.  
(a)  In this section, "professional" has the meaning assigned by 
Section 261.101(b).
	(b)  In a proceeding brought by the Department of Protective 
and Regulatory Services concerning a child who is alleged in a suit 
to have been abused or neglected, the court may 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.
	(c)  In ordering testimony to be taken as provided by 
Subsection (b), the court shall ensure that the videoconference 
testimony allows:
		(1)  the parties and attorneys involved in the 
proceeding to be able to see and hear the professional as the 
professional testifies; and
		(2)  the professional to be able to see and hear the 
parties and attorneys examining the professional while the 
professional is testifying.
	(d)  If the court permits the testimony of a professional by 
videoconference as provided by this section to be admitted during 
the proceeding, the professional may not be compelled to be 
physically present in court during the same proceeding to provide 
the same testimony unless ordered by the court.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies to testimony 
taken on or after the effective date of this Act in a proceeding in a 
suit affecting the parent-child relationship involving an 
allegation of the abuse or neglect of a child regardless of whether:
		(1)  the allegation was made before, on, or after the 
effective date of this Act; or
		(2)  the suit commenced before, on, or after the 
effective date of this Act.



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