HBA-RBT H.B. 290 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 290 By: Wise Criminal Jurisprudence 2/9/1999 Introduced BACKGROUND AND PURPOSE Some child witnesses have a difficult time testifying in court. The U.S. Supreme Court ruled in Globe Newspaper Co. v. Superior Court for the County of Norfolk, 457 U.S. 596 (1982), that a state may not automatically require the judge to remove all spectators during a child's testimony in a sexual victimization case, but the Court also stated that if circumstances required it in a particular case, a judge may remove the spectators. The Supreme Court has also held that the media has a First Amendment right to report on events in a trial and the public has a right to be present in court. H.B. 290 requires the court to close a hearing to the public during the testimony of a child victim if the court determines that the presence of the public in the courtroom while the victim is testifying intimidates the victim to the extent that the victim is unable to testify or causes the victim severe emotional distress. It also requires the court to make a copy of the transcript of the testimony available to the news media as soon as practicable after the hearing. 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 Section 54.08, Family Code, to require the court to close a hearing to the public during the testimony of a victim of the conduct of a child, if the victim is younger than 16, and the court determines that the presence of the public in the courtroom while the victim is testifying intimidates the victim to the extent that the victim is unable to testify or causes the victim severe emotional distress. Requires the court to make a copy of the transcript of the excluded testimony available to the news media as soon as practicable if a hearing is closed. SECTION 2. Amends Chapter 36, Code of Criminal Procedure, by adding Article 36.051, as follows: Art. 36.051. EXCLUDING THE PUBLIC DURING TESTIMONY OF CERTAIN CHILD VICTIMS. Requires a court to exclude the public from a judicial proceeding during the testimony of the victim of an offense, if the victim is under 16, and the court determines that the presence of the public in the courtroom while the victim is testifying will intimidate the victim to the extent that the victim will be unable to testify or will cause the victim severe emotional distress. Requires the court to make available to the news media the transcript of the excluded testimony if the court closes a hearing under this article. SECTION 3. Makes application of this Act prospective. SECTION 4. Emergency clause. Effective date: upon passage.