| |
| |
| |
|
|
AN ACT
|
|
|
relating to providing access to certain information relating to the |
|
|
discretionary transfer of a child from a juvenile court to a |
|
|
criminal court. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (e), Section 54.02, Family Code, is |
|
|
amended to read as follows: |
|
|
(e) At the transfer hearing the court may consider written |
|
|
reports from probation officers, professional court employees, or |
|
|
professional consultants in addition to the testimony of witnesses. |
|
|
At least five days [one day] prior to the transfer hearing, the |
|
|
court shall provide the attorney for the child and the prosecuting |
|
|
attorney with access to all written matter to be considered by the |
|
|
court in making the transfer decision. The court may order counsel |
|
|
not to reveal items to the child or the child's [his] parent, |
|
|
guardian, or guardian ad litem if such disclosure would materially |
|
|
harm the treatment and rehabilitation of the child or would |
|
|
substantially decrease the likelihood of receiving information |
|
|
from the same or similar sources in the future. |
|
|
SECTION 2. Subsection (e), Section 54.02, Family Code, as |
|
|
amended by this Act, applies to a transfer hearing commenced under |
|
|
Section 54.02, Family Code, on or after the effective date of this |
|
|
Act. A transfer hearing commenced before the effective date of this |
|
|
Act is governed by the law in effect on the date the hearing was |
|
|
commenced, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 518 passed the Senate on |
|
|
April 2, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 518 passed the House on |
|
|
May 20, 2009, by the following vote: Yeas 140, Nays 0, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |