By: VanDeaver, Burns, Cain H.B. No. 422
(Senate Sponsor - Perry)
(In the Senate - Received from the House April 20, 2023;
May 2, 2023, read first time and referred to Committee on Criminal
Justice; May 17, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 422 By: Hinojosa
COMMITTEE VOTE
YeaNayAbsentPNV
WhitmireX
FloresX
BettencourtX
HinojosaX
HuffmanX
KingX
MilesX
A BILL TO BE ENTITLED
AN ACT
relating to remotely conducting detention hearings in juvenile
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 54.012, Family Code, is
amended to read as follows:
Sec. 54.012. REMOTE CONDUCT [INTERACTIVE VIDEO RECORDING]
OF DETENTION HEARING.
SECTION 2. Section 54.012, Family Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(e) to read as follows:
(a) A detention hearing under Section 54.01 may be conducted
as a remote proceeding [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.
(a-1) A juvenile court may allow or require a party,
attorney, witness, court reporter, or any other individual to
participate in a detention hearing conducted as a remote
proceeding.
(a-2) The judge of a juvenile court shall submit to the
Office of Court Administration of the Texas Judicial System a plan
for conducting a detention hearing as a remote proceeding under
this section. 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.
(e) In this section, "remote proceeding" means a proceeding
in which one or more of the participants, including a judge, party,
attorney, witness, court reporter, or other individual, attends the
proceeding remotely through the use of technology and the Internet,
including through teleconferencing or videoconferencing.
SECTION 3. Section 54.012(b), Family Code, is repealed.
SECTION 4. This Act takes effect September 1, 2023.
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