Texas Senate Bill SB518

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/19/09
• Voted on by Senate: 4/2/09
• Out of House Committee: 5/2/09
• Voted on by House: 5/20/09
• Governor Action: 6/19/09
• Enrolled: 5/21/09
• Passed: 6/19/09

Caption

Relating to providing access to certain information relating to the discretionary transfer of a child from a juvenile court to a criminal court.

Impact

The modifications proposed in SB518 are designed to create a more equitable legal framework in the transfer of youths involved in the juvenile justice system. By increasing pre-hearing access to reports and related documents, the bill seeks to balance the interests of the child with those of the state. This change has the potential to positively impact the outcomes of these hearings, as greater transparency can lead to more thorough preparations by legal representatives. The bill acknowledges the delicate nature of juvenile cases and aims to consider the best interests of the child in transition to more severe legal consequences.

Summary

Senate Bill 518 aims to amend the Family Code related to the process of transferring a child from juvenile court to criminal court. Specifically, the bill provides guidelines on the required access to written reports that contribute to the court's decision during transfer hearings. Under this proposed legislation, the court must ensure that both the child's attorney and the prosecuting attorney receive access to all relevant written material at least five days before the transfer hearing, a significant increase from the previous requirement of just one day. This is intended to ensure both parties have ample time to prepare for the proceedings, thereby promoting a more just and informed decision-making process by the court.

Contention

While there appears to be a general consensus on the importance of reforming the transfer process to ensure fairness, there may be points of contention regarding the specifics of the bill's provisions. Some stakeholders may argue for greater transparency or additional safeguards during the transfer process, such as the ability of the defense to also review the state's rationale for the transfer. Concerns may be raised around the potential implications this bill could have on the rights of the child, particularly regarding confidentiality and the impact on rehabilitation efforts if sensitive information is disclosed inappropriately during the court process.