Texas Family Code

§ 51.095 — ADMISSIBILITY OF A STATEMENT OF A CHILD

FA § 51.095Title 3. JUVENILE JUSTICE CODE · Ch. 51. GENERAL PROVISIONS

Statute text

(a)Notwithstanding Section 51.09, the statement of a child is admissible in evidence in any future proceeding concerning the matter about which the statement was given if:

(1)the statement is made in writing under a circumstance described by Subsection (d) and:

(A)the statement shows that the child has at some time before the making of the statement received from a magistrate a warning that:

(i)the child may remain silent and not make any statement at all and that any statement that the child makes may be used in evidence against the child;

(ii)the child has the right to have an attorney present to advise the child either prior to any questioning or during the questioning;

(iii)if the child is unable to employ an attorney, the child has the right to have an attorney appointed to counsel with the child before or during any interviews with peace officers or attorneys representing the state; and

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Legislative history

Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 5, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 8, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 3, eff. May 21, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1158 (H.B. 2337), Sec. 1, eff. September 1, 2011.