Texas 2017 - 85th Regular

Texas Senate Bill SB1728 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Birdwell S.B. No. 1728
	2	+	(In the Senate - Filed March 9, 2017; March 23, 2017, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	April 10, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; April 10, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1728 By: Whitmire
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to public access to juvenile court proceedings.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 54.08, Family Code, is amended to read as
9	16		follows:
10	17		Sec. 54.08. PUBLIC ACCESS TO COURT PROCEEDINGS [HEARINGS].
11	18		(a) Except as provided by this section, the court shall open
12	19		proceedings [hearings] under this title to the public unless the
13	20		court, on the motion of any party to a proceeding and based on the
14	21		evidence presented [for good cause shown], determines that:
15	22		(1) there exists a reasonable and substantial basis
16	23		for believing that public access to the proceeding could harm the
17	24		child, endanger the child's right to a fair trial, or endanger a
18	25		victim of the conduct of the child;
19	26		(2) the potential for harm to the child or a victim
20	27		outweighs the benefits of public access to the proceeding; and
21	28		(3) the harm can be remedied only by excluding the
22	29		public from the proceeding [the public should be excluded].
23	30		(b) A motion by a party to exclude the public from a
24	31		proceeding must be made in writing and served on all parties not
25	32		later than the third day before the date the proceeding is scheduled
26	33		to occur.
27	34		(c) On receipt of a motion to exclude the public from a
28	35		proceeding, the court must conduct an evidentiary hearing in open
29	36		court on the motion to determine whether exclusion of the public
30	37		from the proceeding is warranted under Subsection (a). General
31	38		considerations, including concern for rehabilitation of the child,
32	39		are insufficient to warrant exclusion of the public from a
33	40		proceeding.
34	41		(d) On conclusion of the evidentiary hearing under
35	42		Subsection (c), the court shall order the proceeding to be open to
36	43		the public unless the court issues written findings of fact and
37	44		conclusions of law stating that the evidence of potential harm to
38	45		the child or to a victim presented under Subsection (a) clearly
39	46		outweighs the public interest in a proceeding that is open to the
40	47		public.
41	48		(e) Any party to a proceeding has standing to appeal an
42	49		order of the court excluding the public from the proceeding.
43	50		(f) Any party to a proceeding objecting to an order
44	51		excluding the public from the proceeding is entitled to an
45	52		immediate appeal of that order. The notice of appeal must be filed
46	53		not later than the seventh day after the date the order is entered
47	54		or the date the public is excluded from the proceeding. The filing
48	55		of a notice of appeal shall stay further proceedings pending the
49	56		disposition of the interlocutory appeal.
50	57		(g) The court of appeals shall expeditiously review an
51	58		appeal under this section.
52	59		(h) The court may not prohibit a person who is a victim of
53	60		the conduct of a child, or the person's family, from personally
54	61		attending a proceeding [hearing] under this title relating to the
55	62		conduct by the child unless the victim or member of the victim's
56	63		family is to testify in the proceeding [hearing] or any subsequent
57	64		proceeding [hearing] relating to the conduct and the court
58	65		determines that the victim's or family member's testimony would be
59	66		materially affected if the victim or member of the victim's family
60	67		hears other testimony at trial.
61	68		(i) [(c)] If a child is under the age of 14 at the time of
62	69		the proceeding: [hearing,]
63	70		(1) Subsections (a), (b), (c), (d), (e), (f), and (g)
64	71		do not apply to a proceeding involving the child; and
65	72		(2) the court shall close the proceeding [hearing] to
66	73		the public unless the court finds that the interests of the child or
67	74		the interests of the public would be better served by opening the
68	75		proceeding [hearing] to the public.
69	76		(j) [(d)] In this section, "family" has the meaning
70	77		assigned by Section 71.003.
71	78		SECTION 2. This Act takes effect September 1, 2017.
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