Texas 2023 - 88th Regular

Texas House Bill HB698

Filed
11/15/22  
Out of House Committee
4/19/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the remote participation of certain persons in a proceeding for the issuance or modification of a protective order.

Impact

If enacted, HB 698 will amend the Family Code by adding new provisions that will empower applicants and witnesses in protective order cases to testify remotely. This change is significant as it can potentially remove the intimidation factor of appearing in court, thereby allowing more victims of domestic violence to pursue necessary protective orders without the fear of encountering their abuser in a physical setting. The bill aims to streamline legal proceedings while acknowledging the unique challenges faced by survivors during such delicate instances.

Summary

House Bill 698 addresses the remote participation of individuals in proceedings for the issuance or modification of protective orders. This bill emerged from the legislative committee's recognition of the barriers that physical attendance poses for survivors of domestic violence. With the goal of increasing access to protective orders, the bill mandates that courts provide remote methods for applicants or witnesses to participate in hearings on protective orders upon written request, unless there are compelling reasons to deny such requests. This measure reflects an effort to leverage technology to enhance the safety and accessibility of the legal process for vulnerable individuals.

Sentiment

The general sentiment surrounding HB 698 appears to be supportive, particularly from advocacy groups focusing on family violence and domestic abuse. Proponents argue that this bill will significantly lower the barriers for survivors seeking justice, thereby encouraging them to come forward. However, there may also be some skepticism regarding the implementation of remote testimony and whether it can adequately address the complexities of individual cases. Overall, the discussion indicates a shift towards modernizing court processes to better assist vulnerable populations.

Contention

While the bill primarily enjoys widespread support, there may be concerns about the reliability and effectiveness of remote hearings. Some stakeholders might argue about the potential risks of technology failures or miscommunications during virtual testimonies. Additionally, there could be apprehensions regarding the privacy and security of victims when participating in remote settings. As the bill moves forward, it will be crucial to address these considerations to ensure the legislation serves its intended purpose effectively.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 84. Hearing
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 87. Modification Of Protective Orders
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB243

Identical Relating to the remote participation of certain persons in a proceeding for the issuance or modification of a protective order.

Similar Bills

No similar bills found.