By: A. Johnson of Harris H.B. No. 2919
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of guardians ad litem for persons
younger than 18 years of age in criminal and juvenile court
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Code of Criminal Procedure, is
amended by adding Article 1.0515 to read as follows:
Art. 1.0515. MANDATORY APPOINTMENT OF GUARDIAN AD LITEM.
If the defendant in a criminal proceeding is a person younger than
18 years of age who is charged with an offense other than a traffic
offense or a misdemeanor punishable by fine only, the court shall
appoint a guardian ad litem to protect the interests of the person
in the proceeding.
SECTION 2. Sections 51.11(b) and (c), Family Code, are
amended to read as follows:
(b) In any case in which it appears to the juvenile court
that the child's parent or guardian is incapable or unwilling to
make decisions in the best interest of the child with respect to
proceedings under this title, the court shall upon motion of any
party or court presiding over the matter affecting the interest of
the child [may] appoint a guardian ad litem to protect the interests
of the child in the proceedings.
(c) The following may not be appointed guardian ad litem:
(1) the [An] attorney for athe child; or
(2) a [may also be his guardian ad litem. A]
law-enforcement officer, probation officer, or other employee of
the juvenile court [may not be appointed guardian ad litem].
SECTION 3. (a) Article 1.0515, Code of Criminal Procedure,
as added by this Act, applies to a criminal proceeding that
commences on or after the effective date of this Act. A criminal
proceeding that commences before the effective date of this Act is
governed by the law in effect on the date the proceeding commenced,
and the former law is continued in effect for that purpose.
(b) Sections 51.11(b) and (c), Family Code, as amended by
this Act, apply to a case in a juvenile court that commences on or
after the effective date of this Act. A case that commences before
the effective date of this Act is governed by the law in effect on
the date the case commenced, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.