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.