HBA-DMD H.B. 303 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 303
By: Wise
Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Current state law does not specifically address the effect of extended
legal proceedings on victims below age 16.  H.B. 303 requires a court in
all criminal and juvenile delinquency proceedings involving a victim
younger than 16 years of age to consider the effect of a continuance or
delay on the victim.  It requires criminal and juvenile court proceedings
involving a victim who is younger than 16 years of age to be given
preference when setting trial and hearing dates. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 29, Code of Criminal Procedure, by adding
Article 29.14, as follows: 

Art. 29.14.  EFFECT OF CONTINUANCE ON CHILD VICTIM.  Requires a court, when
ascertaining whether to continue or delay a proceeding under this chapter,
to consider the effect that a continuance may have on the victim of the
alleged offense if the victim is younger than 16 years of age. 

SECTION 2.  Amends Chapter 51, Family Code, by adding Section 51.171, as
follows: 

Sec. 51.171.  EFFECT OF DELAY ON CHILD VICTIM.  Requires a juvenile court,
when determining whether to continue a proceeding under this title, to
consider the effect that a continuance or delay may have on the victim of
the alleged offense if the victim is younger than 16 years of age. 

SECTION 3.  Amends Section 23.101(a), Government Code, to add criminal and
juvenile court proceedings involving a victim younger than 16 to the list
of matters to be given preference by state trial courts in setting hearings
or trials.  Conforms statutory references to reflect the actions of the
75th Legislature in repealing certain statutes (Sections 71.01
(Definitions), 3.581 (Protective Orders), 71.11 (Protective Order) and
71.12 (Agreed Orders), Family Code) and enacting others (Sections 71.004
(Family Violence) and 6.504 (Protective Orders), and Chapter 85 (Issuance
of Protective Order), Family Code).  Redesignates existing Subsections
(1)-(6) to (2)-(7). 

SECTION 4.  Amends Subchapter B, Chapter 23, Government Code, by adding
Section 23.104, as follows: 

Sec. 23.104.  SPEEDY TRIAL.  Requires a presiding judge or an attorney
participating in a judicial proceeding involving a victim younger than 16
to take appropriate action to ensure that the defendant receives a speedy
trial. 

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Emergency clause.
            Effective date:  upon passage.