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A BILL TO BE ENTITLED
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AN ACT
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relating to continuing judicial training regarding family violence |
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victims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.110, Government Code, is amended by |
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amending Subsections (b) and (d) and adding Subsection (d-2) to |
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read as follows: |
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(b) The court of criminal appeals shall adopt the rules |
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necessary to accomplish the purposes of this section. The rules |
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must: |
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(1) require each district judge, judge of a statutory |
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county court, associate judge appointed under Chapter 54A of this |
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code or Chapter 201, Family Code, master, referee, and magistrate |
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to complete [at least 12 hours of the training] within the judge's |
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first term of office or the judicial officer's first four years of |
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service and provide [a method for] certification of completion of |
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at least 12 hours of [that] training that includes: |
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(A) at[. At] least four hours [of the training |
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must be] dedicated to issues related to trafficking of persons and |
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child abuse and neglect that cover [and must cover] at least two of |
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the topics described in Subsections (d)(8)-(12); and |
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(B) at[. At] least six hours [of the training |
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must be] dedicated to the training described by Subsections (d)(5), |
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(6), and (7); |
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(2) [. The rules must] require each judge and judicial |
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officer to complete [an additional five hours of training] during |
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each additional term in office or four years of service an |
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additional five hours of training that includes: |
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(A) at[. At] least two hours [of the additional |
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training must be] dedicated to issues related to trafficking of |
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persons and child abuse and neglect; and |
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(B) at least one hour dedicated to the dynamics |
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of and effects on victims of family violence; |
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(3) require each judge of a court having primary |
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responsibility for or giving preference to family law or family |
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violence matters to complete an additional two hours of training |
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every two years dedicated to the dynamics of and effects on victims |
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of family violence; and |
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(4) [. The rules must] exempt from the training |
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requirement of this subsection each judge or judicial officer who |
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files an affidavit stating that the judge or judicial officer does |
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not hear any cases involving family violence, sexual assault, |
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trafficking of persons, or child abuse and neglect. |
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(d) The instruction must include information about: |
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(1) statutory and case law relating to videotaping a |
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child's testimony and relating to competency of children to |
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testify; |
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(2) methods for eliminating the trauma to the child |
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caused by the court process; |
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(3) case law, statutory law, and procedural rules |
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relating to family violence, sexual assault, trafficking of |
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persons, and child abuse and neglect; |
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(4) methods for providing protection for victims of |
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family violence, sexual assault, trafficking of persons, and child |
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abuse and neglect; |
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(5) available community and state resources for |
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counseling and other aid to victims and to offenders; |
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(6) gender bias in the judicial process; |
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(7) dynamics and effects of being a victim of family |
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violence, sexual assault, trafficking of persons, or child abuse |
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and neglect; |
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(8) dynamics of sexual abuse of children, including |
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child abuse accommodation syndrome and grooming; |
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(9) impact of substance abuse on an unborn child and on |
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a person's ability to care for a child; |
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(10) issues of attachment and bonding between children |
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and caregivers; |
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(11) issues of child development that pertain to |
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trafficking of persons and child abuse and neglect; [and] |
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(12) medical findings regarding physical abuse, |
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sexual abuse, trafficking of persons, and child abuse and neglect; |
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and |
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(13) dynamics of family violence. |
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(d-2) The training described by Subsection (d)(13) must be |
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developed in consultation with a statewide family violence advocacy |
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organization. |
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SECTION 2. (a) Not later than December 1, 2023, the Texas |
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Court of Criminal Appeals shall adopt the rules necessary to |
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provide the training required under Section 22.110, Government |
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Code, as amended by this Act. |
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(b) Notwithstanding Section 22.110, Government Code, as |
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amended by this Act, a judge, master, referee, or magistrate who is |
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in office on the effective date of this Act must complete the |
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training required by Section 22.110, Government Code, as amended by |
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this Act, as applicable, not later than December 1, 2025. |
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SECTION 3. This Act takes effect September 1, 2023. |