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A BILL TO BE ENTITLED
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AN ACT
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relating to remotely conducting depositions, hearings, and other |
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proceedings in juvenile cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Family Code, is amended by adding |
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Section 51.055 to read as follows: |
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Sec. 51.055. REMOTE CONDUCT OF PROCEEDINGS. (a) In this |
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section, "remote proceeding" means a proceeding in which one or |
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more of the participants, including a judge, party, attorney, |
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witness, court reporter, juror, or other individual, attends the |
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proceeding remotely through the use of technology and the Internet, |
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including through teleconferencing or videoconferencing. |
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(b) A juvenile court may: |
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(1) conduct a hearing or other proceeding under this |
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title as a remote proceeding without the consent of the parties |
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unless the United States or Texas Constitution requires consent; |
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and |
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(2) allow or require a party, attorney, witness, court |
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reporter, juror, or any other individual to participate in a remote |
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proceeding, including a deposition, hearing, or other proceeding |
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under this title. |
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(c) The Office of Court Administration of the Texas Judicial |
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System shall provide guidance and assistance to the extent possible |
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to a juvenile court conducting a remote proceeding involving a |
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jury. |
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(d) The judge of a juvenile court shall submit to the Office |
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of Court Administration of the Texas Judicial System a plan for |
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conducting remote proceedings under this title. The plan must: |
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(1) include protocols for handling physical evidence; |
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and |
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(2) require an unobstructed view of any party or |
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witness who provides testimony from a remote location. |
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SECTION 2. Section 54.012(a), Family Code, is amended to |
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read as follows: |
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(a) A detention hearing under Section 54.01 may be held |
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using interactive video equipment if[: |
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[(1) the child and the child's attorney agree to the |
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video hearing; and |
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[(2)] the parties to the proceeding have the |
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opportunity to cross-examine witnesses. Consent of the parties is |
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not required for the detention hearing to be held in the manner |
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specified by this subsection unless the United States or Texas |
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Constitution requires consent. |
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SECTION 3. Section 54.012(b), Family Code, is repealed. |
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SECTION 4. This Act takes effect September 1, 2021. |