BILL ANALYSIS H.B. 1551 By: Greenberg (Moncrief) Jurisprudence 5-17-95 Senate Committee Report (Amended) BACKGROUND S.B. 947, passed by the 73rd Legislature, transferred the appropriation for the judicial and court personnel training fund from the Texas Supreme Court to the court of criminal appeals. This bill gave authority for the administration of the training fund to the court of criminal appeals. Consequently, the supreme court and the Office of Court Administration mentioned in the current statute are no longer the entities responsible for judicial education and training. PURPOSE As proposed, H.B. 1551 sets forth requirements for judicial training for judges of the court of criminal appeals related to the problems of family violence, sexual assault, and child abuse. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the court of criminal appeals under SECTION 1 (Section 22.110(b), Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 22B, Government Code, by adding Section 22.110, as follows: Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE. (a) Requires the court of criminal appeals to assure that judicial training related to the problems of family violence, sexual assault, and child abuse is provided. (b) Requires the court of criminal appeals to adopt rules to accomplish the purposes of this section. Requires the rules to require each district judge and each judge of a statutory county court to complete at least eight hours of the training within the judge's first term and provide a method for certification of completion of that training. Requires at least six hours of the training to be dedicated to the training described by Subsections (d)(5)-(7). Requires the rules to exempt from the training requirement each judge who files an affidavit stating that the judge does not hear any cases involving family violence, sexual assault, or child abuse. (c) Authorizes the court of criminal appeals to consult with professional groups in the state that have expertise in the subject matter to obtain the recommendations of those groups for instruction content. (d) Sets forth requirements for the instruction. SECTION 2. Repealer: Section 22.011, Government Code (Judicial Instruction Related to Family Violence, Sexual Assault, and Child Abuse). SECTION 3. Requires the Office of Court Administration (office) to transfer to the court of criminal appeals education committee all records collected and held by the office under Section 22.011, Government Code. SECTION 4. (a) Effective date: August 31, 1995. Requires each judge who is in office on August 31, 1995, to complete judicial training, notwithstanding the requirement that it be completed within the first term. Requires the training to be completed before the judge who is in office on August 31, 1995, begins another term of office as a judge. (b) Requires a judge who takes office on or after September 1, 1995, and who has not otherwise satisfied the requirements of Section 22.110(b), Government Code, to complete the judicial training required by that section within the judge's first term that begins on or after that date. SECTION 5. Emergency clause.