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AN ACT
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relating to providing access to certain information relating to the |
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discretionary transfer of a child from a juvenile court to a |
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criminal court. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subsection (e), Section 54.02, Family Code, is |
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amended to read as follows: |
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�������(e)��At the transfer hearing the court may consider written |
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reports from probation officers, professional court employees, or |
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professional consultants in addition to the testimony of witnesses. |
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At least five days [one day] prior to the transfer hearing, the |
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court shall provide the attorney for the child and the prosecuting |
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attorney with access to all written matter to be considered by the |
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court in making the transfer decision. The court may order counsel |
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not to reveal items to the child or the child's�[his] parent, |
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guardian, or guardian ad litem if such disclosure would materially |
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harm the treatment and rehabilitation of the child or would |
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substantially decrease the likelihood of receiving information |
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from the same or similar sources in the future. |
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�������SECTION�2.��Subsection (e), Section 54.02, Family Code, as |
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amended by this Act, applies to a transfer hearing commenced under |
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Section 54.02, Family Code, on or after the effective date of this |
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Act. �A transfer hearing commenced before the effective date of this |
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Act is governed by the law in effect on the date the hearing was |
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commenced, and the former law is continued in effect for that |
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purpose. |
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�������SECTION�3.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�518 passed the Senate on |
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April�2,�2009, by the following vote:��Yeas�31, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�518 passed the House on |
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May�20,�2009, by the following vote:��Yeas�140, Nays�0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |