H.B. No. 422
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 Section 54.012(b), Family Code, is repealed.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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 422 was passed by the House on April
20, 2023, by the following vote: Yeas 143, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 422 on May 25, 2023, by the following vote: Yeas 127, Nays 3, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 422 was passed by the Senate, with
amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor