| 1 | 1 | | H.B. No. 422 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to remotely conducting detention hearings in juvenile |
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| 6 | 6 | | cases. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. The heading to Section 54.012, Family Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Sec. 54.012. REMOTE CONDUCT [INTERACTIVE VIDEO RECORDING] |
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| 11 | 11 | | OF DETENTION HEARING. |
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| 12 | 12 | | SECTION 2. Section 54.012, Family Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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| 14 | 14 | | (e) to read as follows: |
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| 15 | 15 | | (a) A detention hearing under Section 54.01 may be conducted |
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| 16 | 16 | | as a remote proceeding [held using interactive video equipment] |
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| 17 | 17 | | if[: |
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| 18 | 18 | | [(1) the child and the child's attorney agree to the |
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| 19 | 19 | | video hearing; and |
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| 20 | 20 | | [(2)] the parties to the proceeding have the |
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| 21 | 21 | | opportunity to cross-examine witnesses. Consent of the parties is |
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| 22 | 22 | | not required for the detention hearing to be held in the manner |
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| 23 | 23 | | specified by this subsection unless the United States or Texas |
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| 24 | 24 | | Constitution requires consent. |
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| 25 | 25 | | (a-1) A juvenile court may allow or require a party, |
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| 26 | 26 | | attorney, witness, court reporter, or any other individual to |
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| 27 | 27 | | participate in a detention hearing conducted as a remote |
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| 28 | 28 | | proceeding. |
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| 29 | 29 | | (a-2) The judge of a juvenile court shall submit to the |
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| 30 | 30 | | Office of Court Administration of the Texas Judicial System a plan |
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| 31 | 31 | | for conducting a detention hearing as a remote proceeding under |
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| 32 | 32 | | this section. The plan must: |
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| 33 | 33 | | (1) include protocols for handling physical evidence; |
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| 34 | 34 | | and |
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| 35 | 35 | | (2) require an unobstructed view of any party or |
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| 36 | 36 | | witness who provides testimony from a remote location. |
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| 37 | 37 | | (e) In this section, "remote proceeding" means a proceeding |
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| 38 | 38 | | in which one or more of the participants, including a judge, party, |
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| 39 | 39 | | attorney, witness, court reporter, or other individual, attends the |
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| 40 | 40 | | proceeding remotely through the use of technology and the Internet, |
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| 41 | 41 | | including through teleconferencing or videoconferencing. |
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| 42 | 42 | | SECTION 3. Section 54.012(b), Family Code, is repealed. |
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| 43 | 43 | | SECTION 4. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2023. |
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| 48 | 48 | | ______________________________ ______________________________ |
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| 49 | 49 | | President of the Senate Speaker of the House |
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| 50 | 50 | | I certify that H.B. No. 422 was passed by the House on April |
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| 51 | 51 | | 20, 2023, by the following vote: Yeas 143, Nays 2, 1 present, not |
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| 52 | 52 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 53 | 53 | | No. 422 on May 25, 2023, by the following vote: Yeas 127, Nays 3, 1 |
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| 54 | 54 | | present, not voting. |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Chief Clerk of the House |
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| 57 | 57 | | I certify that H.B. No. 422 was passed by the Senate, with |
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| 58 | 58 | | amendments, on May 21, 2023, by the following vote: Yeas 31, Nays |
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| 59 | 59 | | 0. |
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| 60 | 60 | | ______________________________ |
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| 61 | 61 | | Secretary of the Senate |
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| 62 | 62 | | APPROVED: __________________ |
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| 63 | 63 | | Date |
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| 64 | 64 | | __________________ |
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| 65 | 65 | | Governor |
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