| 1 | 1 | | S.B. No. 518 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to providing access to certain information relating to the |
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| 6 | 6 | | discretionary transfer of a child from a juvenile court to a |
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| 7 | 7 | | criminal court. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subsection (e), Section 54.02, Family Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (e) At the transfer hearing the court may consider written |
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| 12 | 12 | | reports from probation officers, professional court employees, or |
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| 13 | 13 | | professional consultants in addition to the testimony of witnesses. |
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| 14 | 14 | | At least five days [one day] prior to the transfer hearing, the |
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| 15 | 15 | | court shall provide the attorney for the child and the prosecuting |
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| 16 | 16 | | attorney with access to all written matter to be considered by the |
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| 17 | 17 | | court in making the transfer decision. The court may order counsel |
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| 18 | 18 | | not to reveal items to the child or the child's [his] parent, |
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| 19 | 19 | | guardian, or guardian ad litem if such disclosure would materially |
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| 20 | 20 | | harm the treatment and rehabilitation of the child or would |
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| 21 | 21 | | substantially decrease the likelihood of receiving information |
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| 22 | 22 | | from the same or similar sources in the future. |
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| 23 | 23 | | SECTION 2. Subsection (e), Section 54.02, Family Code, as |
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| 24 | 24 | | amended by this Act, applies to a transfer hearing commenced under |
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| 25 | 25 | | Section 54.02, Family Code, on or after the effective date of this |
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| 26 | 26 | | Act. A transfer hearing commenced before the effective date of this |
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| 27 | 27 | | Act is governed by the law in effect on the date the hearing was |
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| 28 | 28 | | commenced, and the former law is continued in effect for that |
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| 29 | 29 | | purpose. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 31 | 31 | | ______________________________ ______________________________ |
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| 32 | 32 | | President of the Senate Speaker of the House |
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| 33 | 33 | | I hereby certify that S.B. No. 518 passed the Senate on |
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| 34 | 34 | | April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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| 35 | 35 | | ______________________________ |
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| 36 | 36 | | Secretary of the Senate |
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| 37 | 37 | | I hereby certify that S.B. No. 518 passed the House on |
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| 38 | 38 | | May 20, 2009, by the following vote: Yeas 140, Nays 0, one |
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| 39 | 39 | | present not voting. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Chief Clerk of the House |
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| 42 | 42 | | Approved: |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Date |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Governor |
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