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A BILL TO BE ENTITLED
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AN ACT
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relating to public access to juvenile court proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.08, Family Code, is amended to read as |
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follows: |
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Sec. 54.08. PUBLIC ACCESS TO COURT PROCEEDINGS [HEARINGS]. |
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(a) Except as provided by this section, the court shall open |
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proceedings [hearings] under this title to the public unless the |
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court, on the motion of any party to a proceeding and based on the |
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evidence presented [for good cause shown], determines that: |
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(1) there exists a reasonable and substantial basis |
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for believing that public access to the proceeding could harm the |
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child, endanger the child's right to a fair trial, or endanger a |
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victim of the conduct of the child; |
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(2) the potential for harm to the child or a victim |
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outweighs the benefits of public access to the proceeding; and |
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(3) the harm can be remedied only by excluding the |
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public from the proceeding [the public should be excluded]. |
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(b) A motion by a party to exclude the public from a |
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proceeding must be made in writing and served on all parties not |
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later than the third day before the date the proceeding is scheduled |
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to occur. |
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(c) On receipt of a motion to exclude the public from a |
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proceeding, the court must conduct an evidentiary hearing in open |
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court on the motion to determine whether exclusion of the public |
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from the proceeding is warranted under Subsection (a). General |
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considerations, including concern for rehabilitation of the child, |
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are insufficient to warrant exclusion of the public from a |
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proceeding. |
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(d) On conclusion of the evidentiary hearing under |
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Subsection (c), the court shall order the proceeding to be open to |
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the public unless the court issues written findings of fact and |
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conclusions of law stating that the evidence of potential harm to |
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the child or to a victim presented under Subsection (a) clearly |
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outweighs the public interest in a proceeding that is open to the |
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public. |
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(e) Any party or member of the public has standing to appeal |
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an order of the court excluding the public from a proceeding. |
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(f) Any party or member of the public objecting to an order |
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excluding the public from a proceeding is entitled to an immediate |
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appeal of that order. The notice of appeal must be filed not later |
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than the seventh day after the date the order is entered or the date |
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the public is excluded from a proceeding. The filing of a notice of |
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appeal shall stay further proceedings pending the disposition of |
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the interlocutory appeal. |
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(g) The court of appeals shall expeditiously review an |
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appeal under this section. |
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(h) The court may not prohibit a person who is a victim of |
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the conduct of a child, or the person's family, from personally |
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attending a proceeding [hearing] under this title relating to the |
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conduct by the child unless the victim or member of the victim's |
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family is to testify in the proceeding [hearing] or any subsequent |
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proceeding [hearing] relating to the conduct and the court |
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determines that the victim's or family member's testimony would be |
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materially affected if the victim or member of the victim's family |
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hears other testimony at trial. |
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(i) [(c)] If a child is under the age of 14 at the time of |
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the proceeding: [hearing,] |
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(1) Subsections (a), (b), (c), (d), (e), (f), and (g) |
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do not apply to a proceeding involving the child; and |
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(2) the court shall close the proceeding [hearing] to |
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the public unless the court finds that the interests of the child or |
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the interests of the public would be better served by opening the |
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proceeding [hearing] to the public. |
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(j) [(d)] In this section, "family" has the meaning |
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assigned by Section 71.003. |
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SECTION 2. This Act takes effect September 1, 2019. |