BILL ANALYSIS

H.B. 2147

By: VanDeaver

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

During the 88th Legislative Session, the legislature passed H.B. 422, which sought to extend the temporary authorization of courts to conduct juvenile hearings remotely during the COVID-19 pandemic, and ultimately authorized detention hearings in juvenile cases to be conducted remotely. The bill author has informed the committee that the implementation of that legislation has led to improved efficiency in scheduling and case management and to cost savings, including savings relating to transportation, lodging, and personnel expenses, but the law could be expanded to include other proceedings in juvenile cases and to ensure that proper protocols are in place while remote hearings are conducted. H.B. 2147 seeks to address these issues by authorizing a juvenile court to conduct any proceeding under the juvenile justice code remotely and by requiring judges of such courts to submit a plan for remote proceedings that includes certain protocols.

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

H.B. 2147 amends the Family Code to authorize a juvenile court to do the following:

· conduct a hearing or other proceeding under the juvenile justice code as a remote proceeding without the consent of the parties unless the U.S. or Texas Constitution requires consent, whereas current law authorizes only certain juvenile detention hearings to be so conducted; and

· allow or require a party, attorney, witness, court reporter, or any other individual to participate in any such remote proceeding, including a deposition, hearing, or other proceeding under the juvenile justice code.

The bill requires a judge of a juvenile court to submit to the Office of Court Administration of the Texas Judicial System a plan for conducting the applicable remote proceedings that must include protocols for handling physical evidence and require an unobstructed view of any party or witness who provides testimony from a remote location. The bill defines "remote proceeding" for its purposes as a proceeding in which one or more of the participants, including a judge, party, attorney, witness, court reporter, or other individual, attends the proceeding remotely through the use of technology and the Internet, including through teleconferencing or videoconferencing.

H.B. 2147 repeals Sections 54.012(a-1) and (a-2), Family Code.

EFFECTIVE DATE

September 1, 2025.