By: Birdwell  S.B. No. 1728          (In the Senate - Filed March 9, 2017; March 23, 2017, read   first time and referred to Committee on Criminal Justice;   April 10, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 8, Nays 0; April 10, 2017,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1728 By:  Whitmire     A BILL TO BE ENTITLED   AN ACT     relating to public access to juvenile court proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 54.08, Family Code, is amended to read as   follows:          Sec. 54.08.  PUBLIC ACCESS TO COURT PROCEEDINGS [HEARINGS].     (a)  Except as provided by this section, the court shall open   proceedings [hearings] under this title to the public unless the   court, on the motion of any party to a proceeding and based on the   evidence presented [for good cause shown], determines that:                (1)  there exists a reasonable and substantial basis   for believing that public access to the proceeding could harm the   child, endanger the child's right to a fair trial, or endanger a   victim of the conduct of the child;                (2)  the potential for harm to the child or a victim   outweighs the benefits of public access to the proceeding; and                (3)  the harm can be remedied only by excluding the   public from the proceeding [the public should be excluded].          (b)  A motion by a party to exclude the public from a   proceeding must be made in writing and served on all parties not   later than the third day before the date the proceeding is scheduled   to occur.          (c)  On receipt of a motion to exclude the public from a   proceeding, the court must conduct an evidentiary hearing in open   court on the motion to determine whether exclusion of the public   from the proceeding is warranted under Subsection (a).  General   considerations, including concern for rehabilitation of the child,   are insufficient to warrant exclusion of the public from a   proceeding.          (d)  On conclusion of the evidentiary hearing under   Subsection (c), the court shall order the proceeding to be open to   the public unless the court issues written findings of fact and   conclusions of law stating that the evidence of potential harm to   the child or to a victim presented under Subsection (a) clearly   outweighs the public interest in a proceeding that is open to the   public.          (e)  Any party to a proceeding has standing to appeal an   order of the court excluding the public from the proceeding.          (f)  Any party to a proceeding objecting to an order   excluding the public from the proceeding is entitled to an   immediate appeal of that order.  The notice of appeal must be filed   not later than the seventh day after the date the order is entered   or the date the public is excluded from the proceeding.  The filing   of a notice of appeal shall stay further proceedings pending the   disposition of the interlocutory appeal.           (g)  The court of appeals shall expeditiously review an   appeal under this section.          (h)  The court may not prohibit a person who is a victim of   the conduct of a child, or the person's family, from personally   attending a proceeding [hearing] under this title relating to the   conduct by the child unless the victim or member of the victim's   family is to testify in the proceeding [hearing] or any subsequent   proceeding [hearing] relating to the conduct and the court   determines that the victim's or family member's testimony would be   materially affected if the victim or member of the victim's family   hears other testimony at trial.          (i) [(c)]  If a child is under the age of 14 at the time of   the proceeding: [hearing,]                (1)  Subsections (a), (b), (c), (d), (e), (f), and (g)   do not apply to a proceeding involving the child; and                (2)  the court shall close the proceeding [hearing] to   the public unless the court finds that the interests of the child or   the interests of the public would be better served by opening the   proceeding [hearing] to the public.          (j) [(d)]  In this section, "family" has the meaning   assigned by Section 71.003.          SECTION 2.  This Act takes effect September 1, 2017.     * * * * *