| 1 | 1 | | 88R21787 CJD-F |
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| 2 | 2 | | By: A. Johnson of Harris H.B. No. 2919 |
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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 the appointment of guardians ad litem for persons |
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| 8 | 8 | | younger than 18 years of age in criminal and juvenile court |
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| 9 | 9 | | proceedings. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 1, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 1.0515 to read as follows: |
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| 13 | 13 | | Art. 1.0515. APPOINTMENT OF GUARDIAN AD LITEM. If the |
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| 14 | 14 | | defendant in a criminal proceeding is a person younger than 18 years |
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| 15 | 15 | | of age who is charged with an offense other than a traffic offense |
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| 16 | 16 | | or a misdemeanor punishable by fine only, the court may appoint a |
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| 17 | 17 | | guardian ad litem to protect the interests of the person in the |
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| 18 | 18 | | proceeding. |
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| 19 | 19 | | SECTION 2. Sections 51.11(b) and (c), Family Code, are |
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| 20 | 20 | | amended to read as follows: |
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| 21 | 21 | | (b) In any case in which it appears to the juvenile court |
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| 22 | 22 | | that the child's parent or guardian is incapable or unwilling to |
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| 23 | 23 | | make decisions in the best interest of the child with respect to |
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| 24 | 24 | | proceedings under this title, on the motion of any party or on the |
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| 25 | 25 | | court's own motion, the court may appoint a guardian ad litem to |
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| 26 | 26 | | protect the interests of the child in the proceedings. |
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| 27 | 27 | | (c) The following may not be appointed guardian ad litem: |
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| 28 | 28 | | (1) the [An] attorney for the [a] child; or |
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| 29 | 29 | | (2) a [may also be his guardian ad litem. A] |
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| 30 | 30 | | law-enforcement officer, probation officer, or other employee of |
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| 31 | 31 | | the juvenile court [may not be appointed guardian ad litem]. |
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| 32 | 32 | | SECTION 3. (a) Article 1.0515, Code of Criminal Procedure, |
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| 33 | 33 | | as added by this Act, applies to a criminal proceeding that |
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| 34 | 34 | | commences on or after the effective date of this Act. A criminal |
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| 35 | 35 | | proceeding that commences before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the proceeding commenced, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. |
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| 38 | 38 | | (b) Sections 51.11(b) and (c), Family Code, as amended by |
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| 39 | 39 | | this Act, apply to a case in a juvenile court that commences on or |
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| 40 | 40 | | after the effective date of this Act. A case that commences before |
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| 41 | 41 | | the effective date of this Act is governed by the law in effect on |
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| 42 | 42 | | the date the case commenced, and the former law is continued in |
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| 43 | 43 | | effect for that purpose. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2023. |
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