Texas § FA.54.012 - REMOTE CONDUCT OF DETENTION HEARING

§ FA.54.012. REMOTE CONDUCT OF DETENTION HEARING

REMOTE CONDUCT OF DETENTION HEARING. (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 (b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 801 (H.B. 422 ), Sec. 3, eff.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; (2) the 120th day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a felony; or (3) the date on which the adjudication hearing ends. (d) An attorney for the child may obtain a copy of the recording on payment of the reasonable costs of reproducing the copy. (e) In this section, "remote proceeding" means a proceeding in which one or more of the participants, including a judge, party, attorney, witness, court reporter, or other individual, attends the proceeding remotely through the use of technology and the Internet, including through teleconferencing or videoconferencing. Added by Acts 1995, 74th Leg., ch. 262, Sec. 33, eff. Jan. 1, 1996. Amended by: 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.