87R2904 YDB-D
By: VanDeaver H.B. No. 890
A BILL TO BE ENTITLED
AN ACT
relating to remotely conducting depositions, hearings, and other
proceedings in juvenile cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Family Code, is amended by adding
Section 51.055 to read as follows:
Sec. 51.055. REMOTE CONDUCT OF PROCEEDINGS. (a) In this
section, "remote proceeding" means a proceeding in which one or
more of the participants, including a judge, party, attorney,
witness, court reporter, juror, or other individual, attends the
proceeding remotely through the use of technology and the Internet,
including through teleconferencing or videoconferencing.
(b) A juvenile court may:
(1) conduct a hearing or other proceeding under this
title as a remote proceeding without the consent of the parties
unless the United States or Texas Constitution requires consent;
and
(2) allow or require a party, attorney, witness, court
reporter, juror, or any other individual to participate in a remote
proceeding, including a deposition, hearing, or other proceeding
under this title.
(c) The Office of Court Administration of the Texas Judicial
System shall provide guidance and assistance to the extent possible
to a juvenile court conducting a remote proceeding involving a
jury.
(d) The judge of a juvenile court shall submit to the Office
of Court Administration of the Texas Judicial System a plan for
conducting remote proceedings under this title. The plan must:
(1) include protocols for handling physical evidence;
and
(2) require an unobstructed view of any party or
witness who provides testimony from a remote location.
SECTION 2. Section 54.012(a), Family Code, is amended to
read as follows:
(a) A detention hearing under Section 54.01 may be held
using interactive video equipment if[:
[(1) the child and the child's attorney agree to the
video hearing; and
[(2)] the parties to the proceeding have the
opportunity to cross-examine witnesses. Consent of the parties is
not required for the detention hearing to be held in the manner
specified by this subsection unless the United States or Texas
Constitution requires consent.
SECTION 3. Section 54.012(b), Family Code, is repealed.
SECTION 4. This Act takes effect September 1, 2021.