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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of guardians ad litem for persons |
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younger than 18 years of age in criminal and juvenile court |
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proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Code of Criminal Procedure, is |
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amended by adding Article 1.0515 to read as follows: |
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Art. 1.0515. MANDATORY APPOINTMENT OF GUARDIAN AD LITEM. |
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If the defendant in a criminal proceeding is a person younger than |
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18 years of age who is charged with an offense other than a traffic |
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offense or a misdemeanor punishable by fine only, the court shall |
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appoint a guardian ad litem to protect the interests of the person |
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in the proceeding. |
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SECTION 2. Sections 51.11(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) In any case in which it appears to the juvenile court |
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that the child's parent or guardian is incapable or unwilling to |
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make decisions in the best interest of the child with respect to |
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proceedings under this title, the court shall upon motion of any |
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party or court presiding over the matter affecting the interest of |
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the child [may] appoint a guardian ad litem to protect the interests |
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of the child in the proceedings. |
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(c) The following may not be appointed guardian ad litem: |
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(1) the [An] attorney for athe child; or |
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(2) a [may also be his guardian ad litem. A] |
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law-enforcement officer, probation officer, or other employee of |
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the juvenile court [may not be appointed guardian ad litem]. |
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SECTION 3. (a) Article 1.0515, Code of Criminal Procedure, |
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as added by this Act, applies to a criminal proceeding that |
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commences on or after the effective date of this Act. A criminal |
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proceeding that commences before the effective date of this Act is |
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governed by the law in effect on the date the proceeding commenced, |
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and the former law is continued in effect for that purpose. |
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(b) Sections 51.11(b) and (c), Family Code, as amended by |
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this Act, apply to a case in a juvenile court that commences on or |
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after the effective date of this Act. A case that commences before |
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the effective date of this Act is governed by the law in effect on |
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the date the case commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |