By Greenberg H.B. No. 1551 74R6331 MWV-D A BILL TO BE ENTITLED 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 56.003(e), Government Code, is amended to 2-19 read as follows: 2-20 (e) The court of criminal appeals shall grant legal funds to 2-21 statewide professional associations of judges and other entities 2-22 whose purposes include providing continuing legal education 2-23 courses, programs, and projects for judges and court personnel. 2-24 The grantees of those funds must ensure that sufficient funds are 2-25 available for each judge to meet the minimum educational 2-26 requirements set under Chapter 22 for judicial training regarding 2-27 family violence, sexual assault, and child abuse and by the court 3-1 of criminal appeals under Section 74.025 before any funds are 3-2 awarded to a judge for education that exceeds those requirements. 3-3 SECTION 3. Section 22.011, Government Code, is repealed. 3-4 SECTION 4. Not later than December 31, 1995, the Office of 3-5 Court Administration shall transfer to the court of criminal 3-6 appeals education committee all records collected and held by the 3-7 Office of Court Administration under Section 22.011, Government 3-8 Code. 3-9 SECTION 5. This Act takes effect September 1, 1995. 3-10 SECTION 6. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended.