Texas Family Code

§ 54.012 — REMOTE CONDUCT OF DETENTION HEARING

FA § 54.012Title 3. JUVENILE JUSTICE CODE · Ch. 54. JUDICIAL PROCEEDINGS

Statute text

(a)A detention hearing under Section 54.01 may be conducted as a remote proceeding if 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.

(b)Repealed by Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 3, eff. June 13, 2023.

(c)A recording of the communications shall be made. The recording shall be preserved until the earlier of:

(1)the 91st day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a misdemeanor;

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Legislative history

Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 13, eff. September 1, 2005. Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 1, eff. June 13, 2023. Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 2, eff. June 13, 2023. Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422), Sec. 3, eff. June 13, 2023.