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AN ACT
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relating to remotely conducting detention hearings in juvenile |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 54.012, Family Code, is |
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amended to read as follows: |
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Sec. 54.012. REMOTE CONDUCT [INTERACTIVE VIDEO RECORDING] |
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OF DETENTION HEARING. |
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SECTION 2. Section 54.012, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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(e) to read as follows: |
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(a) A detention hearing under Section 54.01 may be conducted |
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as a remote proceeding [held using interactive video equipment] |
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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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(a-1) A juvenile court may allow or require a party, |
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attorney, witness, court reporter, or any other individual to |
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participate in a detention hearing conducted as a remote |
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proceeding. |
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(a-2) The judge of a juvenile court shall submit to the |
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Office of Court Administration of the Texas Judicial System a plan |
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for conducting a detention hearing as a remote proceeding under |
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this section. 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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(e) In this section, "remote proceeding" means a proceeding |
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in which one or more of the participants, including a judge, party, |
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attorney, witness, court reporter, 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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SECTION 3. Section 54.012(b), Family Code, is repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 422 was passed by the House on April |
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20, 2023, by the following vote: Yeas 143, Nays 2, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 422 on May 25, 2023, by the following vote: Yeas 127, Nays 3, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 422 was passed by the Senate, with |
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amendments, on May 21, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |