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SB23-024

First Amendment Collateral Challenge Court Order

Type Bill
Session 2023 Regular Session
Subjects
Courts & Judicial

Concerning permitting a challenge to the constitutionality of a court order in a contempt proceeding.

Bill Summary:

The bill permits a person who is subject to a court order issued in a dependency and neglect proceeding to challenge the constitutionality of the court order in a contempt proceeding alleging the person violated the court order on the grounds that the court order violates the person's rights under the first amendment to the United States constitution. The bill states that a judgment of contempt for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech is an appealable judgment and that the court rules governing appeals in dependency and neglect proceedings apply to the appeal of the contempt judgment.

The bill permits the office of the respondent parents' counsel to provide representation to indigent parents in a contempt proceeding for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Lost

Introduced

Lost

Related Documents & Information

Date Version Documents
03/09/2023 Reengrossed PDF
03/07/2023 Engrossed PDF
01/10/2023 Introduced PDF
Date Version Documents
03/03/2023 PA1 PDF
Date Version Documents
06/05/2023 FN3 PDF
04/26/2023 FN2 PDF
01/13/2023 FN1 PDF
Activity Vote Documents
Refer Senate Bill 23-024 to the Committee of the Whole. The motion failed on a vote of 3-9. Vote summary
Postpone Senate Bill 23-024 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 9-3. Vote summary
Activity Vote Documents
Adopt amendment L.001 (Attachment D) The motion passed on a vote of 4-1. Vote summary
Refer Senate Bill 23-024, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0. Vote summary
Activity Vote Documents
Date Calendar Motion Vote Vote Document
03/09/2023 Third Reading BILL
34
AYE
0
NO
1
OTHER
Vote record
Date Amendment Number Committee/ Floor Hearing Status Documents
03/01/2023 L.001 SEN Judiciary Passed [*] PDF
Date Location Action
04/27/2023 House House Committee on Judiciary Postpone Indefinitely
03/11/2023 House Introduced In House - Assigned to Judiciary
03/09/2023 Senate Senate Third Reading Passed - No Amendments
03/08/2023 Senate Senate Third Reading Laid Over Daily - No Amendments
03/07/2023 Senate Senate Second Reading Passed with Amendments - Committee
03/01/2023 Senate Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole
01/10/2023 Senate Introduced In Senate - Assigned to Judiciary