BILL ANALYSIS

C.S.H.B. 2919

By: Johnson, Ann

Youth Health & Safety, Select

Committee Report (Substituted)

BACKGROUND AND PURPOSE

While the responsibility to protect a child's best interest in a criminal proceeding is typically filled by the child's parent or guardian, there are instances where the parent or guardian is incapable or unwilling to make decisions in the child's best interest. In such an instance, the court may appoint a guardian ad litem to protect the interests of the child. C.S.H.B. 2919 seeks to authorize a court to appoint a guardian ad litem for a defendant who is under 18 years of age in a criminal proceeding for certain offenses and to specify that a court's authorized appointment of a guardian ad litem is triggered on the motion of any party or on the court's own motion in any case in which the child's parent or guardian is incapable or unwilling to make decisions in the child's best interest with respect to criminal proceedings. The bill also prohibits a child's attorney from being appointed to serve as guardian ad litem for the child.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2919 amends the Code of Criminal Procedure to authorize a court to appoint a guardian ad litem to protect the interests of a defendant in a criminal proceeding who is younger than 18 years of age and is charged with an offense other than a traffic offense or a misdemeanor punishable by fine only. This authorization applies to a criminal proceeding that commences on or after the bill's effective date.

C.S.H.B. 2919 amends the Family Code to specify that the authorization for a juvenile court to appoint a guardian ad litem to protect the interests of a child whose parent or guardian appears to be incapable or unwilling to make decisions in the child's best interest in a juvenile justice code proceeding is triggered on the motion of any party or on the court's own motion. The bill replaces the authorization for a child's attorney to be appointed as a guardian ad litem for the child with a prohibition against such an attorney being appointed as such. These provisions apply to a case in a juvenile court that commences on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2919 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute changes the requirement in the introduced for the court to appoint a guardian ad litem to protect the interests of an applicable defendant in a criminal proceeding to an authorization for the court to do so.

Whereas the introduced replaced the statutory authorization for a juvenile court to appoint a guardian ad litem to protect the interests of a child whose parent or guardian appears to be incapable or unwilling to make decisions in the child's best interest in a juvenile justice code proceeding upon a specified motion with a requirement to do so, the substitute maintains that statutory authorization and specifies that the authorization for the court to appoint a guardian ad litem is triggered on such a motion.