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By: VanDeaver, Burns, Cain |
H.B. No. 422 |
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(Senate Sponsor - Perry) |
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(In the Senate - Received from the House April 20, 2023; |
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May 2, 2023, read first time and referred to Committee on Criminal |
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Justice; May 17, 2023, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 7, Nays 0; |
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May 17, 2023, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 422 |
By: Hinojosa |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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WhitmireX |
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FloresX |
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BettencourtX |
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HinojosaX |
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HuffmanX |
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KingX |
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MilesX |
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A BILL TO BE ENTITLED
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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 September 1, 2023. |
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