83R8715 KKR-F
By: Turner of Harris H.B. No. 1318
A BILL TO BE ENTITLED
AN ACT
relating to the duration of a youth's detention following a
detention hearing and the appointment of counsel for that hearing
for certain youths.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.101(a), Family Code, is amended to
read as follows:
(a) If an attorney is appointed under Section 54.01(b-1) or
(d) to represent a child at the initial detention hearing and the
child is detained, the attorney shall continue to represent the
child until the case is terminated, the family retains an attorney,
or a new attorney is appointed by the juvenile court. Release of
the child from detention does not terminate the attorney's
representation.
SECTION 2. Section 54.01, Family Code, is amended by adding
Subsection (b-1) and amending Subsections (d) and (h) to read as
follows:
(b-1) If a child who is not represented by counsel qualifies
for appointed counsel, the court shall appoint counsel before the
first detention hearing is held to represent the child at that
hearing.
(d) A detention hearing may be held without the presence of
the child's parents if the court has been unable to locate them. If
no parent or guardian is present, the court shall appoint counsel or
a guardian ad litem for the child, subject to the requirements of
Subsection (b-1).
(h) The court entering a [A] detention order shall determine
the duration of the detention [extends to the conclusion of the
disposition hearing, if there is one], but in no event may the
period specified in the detention order extend for more than 10
working days. Further detention orders may be made following
subsequent detention hearings. The initial detention hearing may
not be waived but subsequent detention hearings may be waived in
accordance with the requirements of Section 51.09. The court
entering a [Each] subsequent detention order shall determine the
duration of the detention, but in no event may the detention period
specified in a subsequent detention order extend for [no] more than
10 working days, except that in a county that does not have a
certified juvenile detention facility, as described by Section
51.12(a)(3), each subsequent detention order may specify a period
of detention of not [shall extend for no] more than 15 working days.
SECTION 3. The change in law made by this Act to Section
54.01, Family Code, applies only to a detention order, including a
subsequent detention order, entered by a court on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2013.