Bill Text: TX HB1318 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the appointment of counsel to represent certain youths and indigent defendants.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB1318 Detail]
Download: Texas-2013-HB1318-Comm_Sub.html
Bill Title: Relating to the appointment of counsel to represent certain youths and indigent defendants.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB1318 Detail]
Download: Texas-2013-HB1318-Comm_Sub.html
83R21949 KKR-F | |||
By: Turner of Harris | H.B. No. 1318 | ||
Substitute the following for H.B. No. 1318: | |||
By: Parker | C.S.H.B. No. 1318 |
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relating to the appointment of counsel for a detention hearing for | ||
certain youths. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.101(a), Family Code, is amended to | ||
read as follows: | ||
(a) If an attorney is appointed under Section 54.01(b-1) or | ||
(d) to represent a child at the initial detention hearing and the | ||
child is detained, the attorney shall continue to represent the | ||
child until the case is terminated, the family retains an attorney, | ||
or a new attorney is appointed by the juvenile court. Release of | ||
the child from detention does not terminate the attorney's | ||
representation. | ||
SECTION 2. Section 54.01, Family Code, is amended by adding | ||
Subsection (b-1) and amending Subsection (d) to read as follows: | ||
(b-1) The court shall appoint counsel within a reasonable | ||
time before the first detention hearing is held to represent the | ||
child at that hearing. | ||
(d) A detention hearing may be held without the presence of | ||
the child's parents if the court has been unable to locate them. If | ||
no parent or guardian is present, the court shall appoint counsel or | ||
a guardian ad litem for the child, subject to the requirements of | ||
Subsection (b-1). | ||
SECTION 3. The change in law made by this Act applies only | ||
to a detention hearing that is held for a child taken into custody | ||
on or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2013. |