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 -------------------------------------------------------------------