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A BILL TO BE ENTITLED
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AN ACT
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relating to the duration of a youth's detention following a |
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detention hearing and the appointment of counsel for that hearing |
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for certain youths. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.101(a), Family Code, is amended to |
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read as follows: |
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(a) If an attorney is appointed under Section 54.01(b-1) or |
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(d) to represent a child at the initial detention hearing and the |
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child is detained, the attorney shall continue to represent the |
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child until the case is terminated, the family retains an attorney, |
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or a new attorney is appointed by the juvenile court. Release of |
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the child from detention does not terminate the attorney's |
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representation. |
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SECTION 2. Section 54.01, Family Code, is amended by adding |
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Subsection (b-1) and amending Subsections (d) and (h) to read as |
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follows: |
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(b-1) If a child who is not represented by counsel qualifies |
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for appointed counsel, the court shall appoint counsel before the |
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first detention hearing is held to represent the child at that |
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hearing. |
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(d) A detention hearing may be held without the presence of |
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the child's parents if the court has been unable to locate them. If |
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no parent or guardian is present, the court shall appoint counsel or |
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a guardian ad litem for the child, subject to the requirements of |
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Subsection (b-1). |
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(h) The court entering a [A] detention order shall determine |
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the duration of the detention [extends to the conclusion of the
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disposition hearing, if there is one], but in no event may the |
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period specified in the detention order extend for more than 10 |
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working days. Further detention orders may be made following |
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subsequent detention hearings. The initial detention hearing may |
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not be waived but subsequent detention hearings may be waived in |
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accordance with the requirements of Section 51.09. The court |
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entering a [Each] subsequent detention order shall determine the |
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duration of the detention, but in no event may the detention period |
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specified in a subsequent detention order extend for [no] more than |
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10 working days, except that in a county that does not have a |
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certified juvenile detention facility, as described by Section |
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51.12(a)(3), each subsequent detention order may specify a period |
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of detention of not [shall extend for no] more than 15 working days. |
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SECTION 3. The change in law made by this Act to Section |
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54.01, Family Code, applies only to a detention order, including a |
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subsequent detention order, entered by a court on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |