H.B. No. 1551
1-1 AN ACT
1-2 relating to judicial training in family violence, sexual assault,
1-3 and child abuse issues.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 22, Government Code, is
1-6 amended by adding Section 22.110 to read as follows:
1-7 Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY
1-8 VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE. (a) The court of
1-9 criminal appeals shall assure that judicial training related to the
1-10 problems of family violence, sexual assault, and child abuse is
1-11 provided.
1-12 (b) The court of criminal appeals shall adopt the rules
1-13 necessary to accomplish the purposes of this section. The rules
1-14 must require each district judge and each judge of a statutory
1-15 county court to complete at least eight hours of the training
1-16 within the judge's first term of office and provide a method for
1-17 certification of completion of that training. At least six hours
1-18 of the training must be dedicated to the training described by
1-19 Subsections (d)(5), (6), and (7). The rules must exempt from the
1-20 training requirement of this subsection each judge who files an
1-21 affidavit stating that the judge does not hear any cases involving
1-22 family violence, sexual assault, or child abuse.
1-23 (c) In adopting the rules, the court of criminal appeals may
1-24 consult with professional groups and associations in the state that
2-1 have expertise in the subject matter to obtain the recommendations
2-2 of those groups or associations for instruction content.
2-3 (d) The instruction must include information about:
2-4 (1) statutory and case law relating to videotaping a
2-5 child's testimony and relating to competency of children to
2-6 testify;
2-7 (2) methods for eliminating the trauma to the child
2-8 caused by the court process;
2-9 (3) case law, statutory law, and procedural rules
2-10 relating to family violence, sexual assault, and child abuse;
2-11 (4) methods for providing protection for victims of
2-12 family violence, sexual assault, or child abuse;
2-13 (5) available community and state resources for
2-14 counseling and other aid to victims and to offenders;
2-15 (6) gender bias in the judicial process; and
2-16 (7) dynamics and effects of being a victim of family
2-17 violence, sexual assault, or child abuse.
2-18 SECTION 2. Section 22.011, Government Code, is repealed.
2-19 SECTION 3. Not later than December 31, 1995, the Office of
2-20 Court Administration shall transfer to the court of criminal
2-21 appeals education committee all records collected and held by the
2-22 Office of Court Administration under Section 22.011, Government
2-23 Code.
2-24 SECTION 4. (a) This Act takes effect August 31, 1995. Each
2-25 judge who is in office on August 31, 1995, must complete the
2-26 judicial training required by Section 22.110, Government Code, as
2-27 added by this Act, notwithstanding the requirement of that section
3-1 that it be completed within the first term of office. The training
3-2 must be completed before the judge who is in office on August 31,
3-3 1995, begins another term of office as a judge.
3-4 (b) A judge who takes office on or after September 1, 1995,
3-5 and who has not otherwise satisfied the requirements of Section
3-6 22.110(b), Government Code, as added by this Act, must complete the
3-7 judicial training required by that section within the judge's first
3-8 term of office that begins on or after that date.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.