Bill Text: TX SB1728 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to public access to juvenile court proceedings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2017-05-05 - Referred to Juvenile Justice & Family Issues [SB1728 Detail]

Download: Texas-2017-SB1728-Comm_Sub.html

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By: Birdwell S.B. No. 1728
(In the Senate - Filed March 9, 2017; March 23, 2017, read
first time and referred to Committee on Criminal Justice;
April 10, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 10, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1728 By: Whitmire

A BILL TO BE ENTITLED
AN ACT
relating to public access to juvenile court proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.08, Family Code, is amended to read as
follows:
Sec. 54.08. PUBLIC ACCESS TO COURT PROCEEDINGS [HEARINGS].
(a) Except as provided by this section, the court shall open
proceedings [hearings] under this title to the public unless the
court, on the motion of any party to a proceeding and based on the
evidence presented [for good cause shown], determines that:
(1) there exists a reasonable and substantial basis
for believing that public access to the proceeding could harm the
child, endanger the child's right to a fair trial, or endanger a
victim of the conduct of the child;
(2) the potential for harm to the child or a victim
outweighs the benefits of public access to the proceeding; and
(3) the harm can be remedied only by excluding the
public from the proceeding [the public should be excluded].
(b) A motion by a party to exclude the public from a
proceeding must be made in writing and served on all parties not
later than the third day before the date the proceeding is scheduled
to occur.
(c) On receipt of a motion to exclude the public from a
proceeding, the court must conduct an evidentiary hearing in open
court on the motion to determine whether exclusion of the public
from the proceeding is warranted under Subsection (a). General
considerations, including concern for rehabilitation of the child,
are insufficient to warrant exclusion of the public from a
proceeding.
(d) On conclusion of the evidentiary hearing under
Subsection (c), the court shall order the proceeding to be open to
the public unless the court issues written findings of fact and
conclusions of law stating that the evidence of potential harm to
the child or to a victim presented under Subsection (a) clearly
outweighs the public interest in a proceeding that is open to the
public.
(e) Any party to a proceeding has standing to appeal an
order of the court excluding the public from the proceeding.
(f) Any party to a proceeding objecting to an order
excluding the public from the proceeding is entitled to an
immediate appeal of that order. The notice of appeal must be filed
not later than the seventh day after the date the order is entered
or the date the public is excluded from the proceeding. The filing
of a notice of appeal shall stay further proceedings pending the
disposition of the interlocutory appeal.
(g) The court of appeals shall expeditiously review an
appeal under this section.
(h) The court may not prohibit a person who is a victim of
the conduct of a child, or the person's family, from personally
attending a proceeding [hearing] under this title relating to the
conduct by the child unless the victim or member of the victim's
family is to testify in the proceeding [hearing] or any subsequent
proceeding [hearing] relating to the conduct and the court
determines that the victim's or family member's testimony would be
materially affected if the victim or member of the victim's family
hears other testimony at trial.
(i) [(c)] If a child is under the age of 14 at the time of
the proceeding: [hearing,]
(1) Subsections (a), (b), (c), (d), (e), (f), and (g)
do not apply to a proceeding involving the child; and
(2) the court shall close the proceeding [hearing] to
the public unless the court finds that the interests of the child or
the interests of the public would be better served by opening the
proceeding [hearing] to the public.
(j) [(d)] In this section, "family" has the meaning
assigned by Section 71.003.
SECTION 2. This Act takes effect September 1, 2017.
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