By: Ogden S.B. No. 1490
(In the Senate - Filed March 13, 2003; March 20, 2003, read
first time and referred to Committee on Jurisprudence;
April 22, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 22, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1490 By: West
A BILL TO BE ENTITLED
AN ACT
relating to certain investigation requirements and other
procedures in connection with an allegation of child abuse or
neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. Subsection (a), Section 261.201, 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.
SECTION 3. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) The change in law made by this Act by the amendment of
Subsection (e), Section 261.302, Family Code, applies 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.
(c) The change in law made by this Act by the amendment of
Subsection (a), Section 262.201, Family Code, 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.
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