Bill Text: TX HB1318 | 2013-2014 | 83rd Legislature | Introduced
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-Introduced.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-Introduced.html
83R8715 KKR-F | ||
By: Turner of Harris | H.B. No. 1318 |
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relating to the duration of a youth's detention following a | ||
detention hearing and the appointment of counsel for that 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 Subsections (d) and (h) to read as | ||
follows: | ||
(b-1) If a child who is not represented by counsel qualifies | ||
for appointed counsel, the court shall appoint counsel 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). | ||
(h) The court entering a [ |
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the duration of the detention [ |
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period specified in the detention order extend for more than 10 | ||
working days. Further detention orders may be made following | ||
subsequent detention hearings. The initial detention hearing may | ||
not be waived but subsequent detention hearings may be waived in | ||
accordance with the requirements of Section 51.09. The court | ||
entering a [ |
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duration of the detention, but in no event may the detention period | ||
specified in a subsequent detention order extend for [ |
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10 working days, except that in a county that does not have a | ||
certified juvenile detention facility, as described by Section | ||
51.12(a)(3), each subsequent detention order may specify a period | ||
of detention of not [ |
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SECTION 3. The change in law made by this Act to Section | ||
54.01, Family Code, applies only to a detention order, including a | ||
subsequent detention order, entered by a court on or after the | ||
effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2013. |