| 1 | 1 | | 87R2904 YDB-D |
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| 2 | 2 | | By: VanDeaver H.B. No. 890 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to remotely conducting depositions, hearings, and other |
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| 8 | 8 | | proceedings in juvenile cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 51, Family Code, is amended by adding |
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| 11 | 11 | | Section 51.055 to read as follows: |
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| 12 | 12 | | Sec. 51.055. REMOTE CONDUCT OF PROCEEDINGS. (a) In this |
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| 13 | 13 | | section, "remote proceeding" means a proceeding in which one or |
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| 14 | 14 | | more of the participants, including a judge, party, attorney, |
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| 15 | 15 | | witness, court reporter, juror, or other individual, attends the |
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| 16 | 16 | | proceeding remotely through the use of technology and the Internet, |
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| 17 | 17 | | including through teleconferencing or videoconferencing. |
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| 18 | 18 | | (b) A juvenile court may: |
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| 19 | 19 | | (1) conduct a hearing or other proceeding under this |
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| 20 | 20 | | title as a remote proceeding without the consent of the parties |
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| 21 | 21 | | unless the United States or Texas Constitution requires consent; |
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| 22 | 22 | | and |
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| 23 | 23 | | (2) allow or require a party, attorney, witness, court |
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| 24 | 24 | | reporter, juror, or any other individual to participate in a remote |
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| 25 | 25 | | proceeding, including a deposition, hearing, or other proceeding |
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| 26 | 26 | | under this title. |
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| 27 | 27 | | (c) The Office of Court Administration of the Texas Judicial |
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| 28 | 28 | | System shall provide guidance and assistance to the extent possible |
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| 29 | 29 | | to a juvenile court conducting a remote proceeding involving a |
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| 30 | 30 | | jury. |
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| 31 | 31 | | (d) The judge of a juvenile court shall submit to the Office |
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| 32 | 32 | | of Court Administration of the Texas Judicial System a plan for |
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| 33 | 33 | | conducting remote proceedings under this title. The plan must: |
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| 34 | 34 | | (1) include protocols for handling physical evidence; |
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| 35 | 35 | | and |
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| 36 | 36 | | (2) require an unobstructed view of any party or |
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| 37 | 37 | | witness who provides testimony from a remote location. |
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| 38 | 38 | | SECTION 2. Section 54.012(a), Family Code, is amended to |
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| 39 | 39 | | read as follows: |
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| 40 | 40 | | (a) A detention hearing under Section 54.01 may be held |
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| 41 | 41 | | using interactive video equipment if[: |
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| 42 | 42 | | [(1) the child and the child's attorney agree to the |
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| 43 | 43 | | video hearing; and |
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| 44 | 44 | | [(2)] the parties to the proceeding have the |
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| 45 | 45 | | opportunity to cross-examine witnesses. Consent of the parties is |
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| 46 | 46 | | not required for the detention hearing to be held in the manner |
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| 47 | 47 | | specified by this subsection unless the United States or Texas |
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| 48 | 48 | | Constitution requires consent. |
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| 49 | 49 | | SECTION 3. Section 54.012(b), Family Code, is repealed. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2021. |
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