1-1 By: Montford S.B. No. 947
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 March 31, 1993, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 31, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to continuing legal education, technical assistance, and
1-18 other support programs for prosecuting attorneys and their
1-19 personnel and for criminal defense attorneys who regularly
1-20 represent indigent defendants.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Subsection (a), Section 56.001, Government Code,
1-23 is amended to read as follows:
1-24 (a) The judicial and court personnel training fund is
1-25 created in the state treasury and shall be administered by the
1-26 supreme court and the court of criminal appeals.
1-27 SECTION 2. Subsection (i), Section 56.001, Government Code,
1-28 is amended to read as follows:
1-29 (i) On requisition of the supreme court or the court of
1-30 criminal appeals, the comptroller shall draw a warrant on the fund
1-31 for the amount specified in the requisition for a use authorized in
1-32 Section 56.003. A warrant may not exceed the amount appropriated
1-33 for any one fiscal year. At the end of each state fiscal year, any
1-34 unexpended balance in the fund in excess of $500,000 shall be
1-35 transferred to the general revenue fund.
1-36 SECTION 3. Subsection (a), Section 56.003, Government Code,
1-37 is amended to read as follows:
1-38 (a) The supreme court or the court of criminal appeals may
1-39 not use more than three percent of the money appropriated in any
1-40 one fiscal year to hire staff and provide for the proper
1-41 administration of this chapter.
1-42 SECTION 4. Section 56.003, Government Code, is amended by
1-43 adding Subsection (f) to read as follows:
1-44 (f) The court of criminal appeals shall grant legal funds to
1-45 statewide professional associations of prosecuting attorneys and of
1-46 criminal defense attorneys who regularly represent indigent
1-47 defendants in criminal matters, whose purposes include providing
1-48 continuing legal education, technical assistance, and other support
1-49 programs.
1-50 SECTION 5. Section 56.004, Government Code, is amended to
1-51 read as follows:
1-52 Sec. 56.004. ALLOCATION OF FUNDS. (a) The legislature
1-53 shall appropriate funds from the judicial and court personnel
1-54 training fund to the supreme court to provide for the continuing
1-55 legal education of judges and court personnel in this state.
1-56 (b) The legislature shall appropriate funds from the
1-57 judicial and court personnel training fund to the court of criminal
1-58 appeals to provide for continuing legal education, technical
1-59 assistance, and other support programs for prosecuting attorneys
1-60 and their personnel and for criminal defense attorneys who
1-61 regularly represent indigent defendants in criminal matters.
1-62 SECTION 6. Section 56.005, Government Code, is amended by
1-63 adding Subsections (f) and (g) to read as follows:
1-64 (f) An entity receiving a grant of funds from the court of
1-65 criminal appeals under this chapter for continuing legal education,
1-66 technical assistance, and other support programs for prosecuting
1-67 attorneys and their personnel shall designate a committee to
1-68 recommend educational requirements and course content, technical
2-1 assistance programs, and support services and standards for the
2-2 purposes of the grant awarded.
2-3 (g) An entity receiving a grant of funds from the court of
2-4 criminal appeals under this chapter for continuing legal education,
2-5 technical assistance, and other support programs for criminal
2-6 defense attorneys who regularly represent indigent defendants shall
2-7 designate a committee to recommend educational requirements and
2-8 course content, technical assistance programs, and support services
2-9 and standards for the purposes of the grant awarded.
2-10 SECTION 7. This Act takes effect September 1, 1993.
2-11 SECTION 8. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *
2-17 Austin,
2-18 Texas
2-19 March 31, 1993
2-20 Hon. Bob Bullock
2-21 President of the Senate
2-22 Sir:
2-23 We, your Committee on Criminal Justice to which was referred S.B.
2-24 No. 947, have had the same under consideration, and I am instructed
2-25 to report it back to the Senate with the recommendation that it do
2-26 pass and be printed.
2-27 Whitmire,
2-28 Chairman
2-29 * * * * *
2-30 WITNESSES
2-31 FOR AGAINST ON
2-32 ___________________________________________________________________
2-33 Name: John Boston x
2-34 Representing: Tx Crim Defense Lawyers Assn
2-35 City: Austin
2-36 -------------------------------------------------------------------
2-37 Name: Tom Krampitz x
2-38 Representing: Tx Dist & County Attys
2-39 City: Austin
2-40 -------------------------------------------------------------------
2-41 Name: John Williams x
2-42 Representing: Justice of Peace Assn
2-43 City: Robstown
2-44 -------------------------------------------------------------------
2-45 Name: Judge Bill Freeman x
2-46 Representing: Justice of Peace Assn
2-47 City: Gainsville
2-48 -------------------------------------------------------------------
2-49 Name: Gerald Goldstein x
2-50 Representing: TCPCA
2-51 City: San Antonio
2-52 -------------------------------------------------------------------
2-53 Name: Jerry Kunkle x
2-54 Representing: Justice of Peace Assn
2-55 City: McKinney
2-56 -------------------------------------------------------------------
2-57 Name: Bob Gammage x
2-58 Representing: Supreme Court of Tx
2-59 City: Austin
2-60 -------------------------------------------------------------------