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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

Senate Bill 44

Senate Author:  Nelson et al.

Effective:  9-1-07

House Sponsor:  Gonzalez Toureilles


            Senate Bill 44 amends the Code of Criminal Procedure and the Family Code to require a certain statewide nonprofit organization that contracts with the community justice assistance division of the Texas Department of Criminal Justice to assist the division in developing program guidelines and in accrediting programs that provide battering intervention and prevention services.  The bill requires the division to notify and invite comment from certain licensing authorities before adopting the guidelines and to adopt the guidelines by April 1, 2008, and it requires the division to award contracts for programs that are operated by nonprofit organizations.  Beginning on September 1, 2009, the bill requires a program or provider serving as a referral option for the courts to be accredited under the guidelines and any other eligibility requirements adopted by the department.  The division is required to collect a one-time application fee from each program or provider that applies for accreditation in an amount set by the department.  The bill prohibits the department from using funds specifically appropriated for grants to battering intervention and prevention programs to implement these provisions.

            Senate Bill 44 authorizes a court to order a person convicted of a family violence offense to perform acts that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence, including completion of a program accredited by the division. Beginning on September 1, 2008, the bill requires a court, if an accredited program is unavailable, to refer a person to a program that has begun the accreditation process.  If no provider has begun the accreditation process at that time, the bill requires a court to refer a person to certain practitioners who have completed training approved by the division following consultation with certain licensing authorities and experts in the field of family violence.