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