BILL ANALYSIS



S.B. 80
By: Shapiro (Madden)
05-09-95
Committee Report (Amended)


BACKGROUND

     Current statutes require training for judges and peace
officers who work with sexual assault, family violence and child
abuse cases.  There is not a similar training requirement for these
officials who work with sex offense cases in which the victim was
a minor.


PURPOSE

     This bill requires training on issues concerning sex offender
characteristics for certain judicial and law enforcement officials.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not grant
any additional rulemaking authority to a state officer, department,
institution, or agency.


SECTION BY SECTION ANALYSIS

     SECTION 1 amends Sections 22.011(a) and (d), Government Code,
to include issues concerning sex offender characteristics as part
of judicial training the supreme court is required to provide.

     SECTION 2 amends Section 415.032(b), Government Code,
governing curriculum for law enforcement personnel education given
by the Commission on Law Enforcement Standards and Education, to
place "the investigation of cases that involve the following:" in
new Subdivision (1), to change Subdivisions (1) through (4) of
current Subsec. (b) to Subdivisions (A) through (D), and to add a
new Subdivision (2) to require that the curriculum include training
in issues concerning sex offender characteristics.

     SECTION 3 amends Section 415.034(b), Government Code, which
requires the Commission on Law Enforcement Standards and Education
to require local peace officers to take continuing education every
24 months and specifying course contents.  The amended language
adds a new Subsec. (b)(2)(C) to add "issues concerning sex offender
characteristics" to the list of issues which must be included in
education and training courses.

     SECTION 4 requires each non-exempted judge who is in office on
December 31, 1995, to complete the judicial training under Section
22.011(d)(8), Government Code, before August 31, 1998.

     SECTION 5 requires that the Commission on Law Enforcement
Officer Standards and Education to establish the courses required
by this Act not later than January 1, 1996, and that individuals
who are officers on September 1, 1995, complete the first set of
courses required under Section 415.034(b)(2)(C), Government Code,
before September 1, 1997.

     SECTION 6.     Emergency clause.  Effective date.


EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 provides an exception to the
training for law enforcement continuing education training on sex
offender characteristics, "unless determined by the agency head to
be inconsistent with the officer's assigned duties."


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on May 8, 1995 and pursuant
to an announcement made on May 9, 1995, while the House was still
in session, the Committee on Judicial Affairs met in a formal
meeting on May 9, 1995, to consider S.B. 80.  The Chair laid out
S.B. 80 and explained the bill.  Rep. Thompson, Chair, offered,
laid out and explained committee amendment #1. Rep. Thompson moved
adoption of the amendment.  There being no objection, the amendment
was adopted.  Rep. Thompson moved that S.B. 80, as amended, be
reported back to the full House with the recommendation that it do
pass, be printed and sent to the Calendars Committee.  The motion
prevailed by the following record vote:  7 ayes, 0 nays, 0 PNV and
2 absent.