Texas 2015 - 84th Regular

Texas House Bill HB1176

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain privileges of a parent or guardian in a criminal or civil proceeding involving a child of the parent or guardian.

Impact

The bill's introduction signifies a shift in how the law perceives parental roles in legal contexts, particularly in cases involving children. By allowing parents and guardians to withhold testimony that could incriminate their children, the legislation seeks to ensure that familial bonds are preserved during legal proceedings. The law also clarifies that the privilege does not extend to cases where the child is accused of committing an offense against the parent or guardian or anyone in their household. This carefully defined limitation is crucial for maintaining a balance between protecting family integrity and ensuring justice is served in cases of intra-family offenses.

Summary

House Bill 1176 aims to establish certain legal privileges for parents and guardians in criminal and civil proceedings involving their children. The bill introduces provisions that allow a parent or guardian to refuse to testify against their child in both criminal and civil cases. It specifically emphasizes the privilege of maintaining the confidentiality of private communications made by a parent or guardian to their child, provided these communications are not intended to be disclosed to outsiders. This aspect serves to protect the integrity of family communications and encourages open dialogue within families without fear of legal repercussions.

Contention

Despite its protective intentions, HB 1176 may face scrutiny and debate. Proponents of the bill argue that it is necessary to uphold the sanctity of family communication and the need for parents to support their children during difficult legal challenges. Critics, however, may contend that such privileges could potentially hinder justice in cases where a child's actions cause harm to others or when child protection issues are at stake. This tension between protecting parental rights and ensuring accountability in child welfare cases could lead to significant discussions in legislative committees and among advocacy groups.

Effective_date

The provisions laid out in this bill will only apply to criminal and civil proceedings that commence after its effective date, September 1, 2015. As such, any ongoing cases will continue to be governed by the laws in effect prior to this date, which may lead to transitional legal complexities as the new provisions are integrated into the legal landscape.

Companion Bills

No companion bills found.

Previously Filed As

TX HB3184

Relating to guardianships and the delivery of certain notices or other communications in connection with guardianship proceedings.

TX SB1457

Relating to guardianships and the delivery of certain notices or other communications in connection with guardianship proceedings.

TX HB785

Relating to the delivery of certain notices or other communications in connection with guardianship proceedings.

TX HB653

Relating to guardianships of the person of wards with profound intellectual disabilities who are minors or were minors when their guardianship proceedings commenced.

TX SB2549

Relating to guardianships of the person of wards with profound intellectual disabilities who are minors or were minors when their guardianship proceedings commenced.

TX SB1098

Relating to the rights of a parent or guardian with a child in certain child-care facilities.

TX HB1499

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

TX SB2248

Relating to guardianships for persons who are incapacitated; changing a fee.

TX HB4970

Relating to guardianship matters.

TX HB4107

Relating to examination requirements for purposes of certain guardianship proceedings.

Similar Bills

CA AB1290

Lawyer-client privilege: holder of the privilege.

TX HB3728

Relating to the privilege of a parent or guardian to refuse to testify against the parent or guardian's child.

TX HB1175

Relating to certain privileges of a child in a criminal or civil proceeding involving the child's parent or guardian.

TX HB3402

Relating to the privilege of a child to refuse to testify against the child's parent or guardian.

CA SB1057

Elementary and secondary education: omnibus bill.

CA AB1618

Plea bargaining: benefits of later enactments.

CA AB373

Dependency proceedings: counsel.

CA SB1184

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