1-1 By: Greenberg (Senate Sponsor - Moncrief) H.B. No. 1551
1-2 (In the Senate - Received from the House April 24, 1995;
1-3 April 25, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 16, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 16, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Cain
1-7 Amend H.B. No. 1551 by striking SECTION 4 of the bill (house
1-8 engrossed version, page 2, lines 24-27 and page 3, lines 1-7) and
1-9 substituting the following:
1-10 SECTION 4. (a) This Act takes effect August 31, 1995. Each
1-11 judge who is in office on August 31, 1995, must complete the
1-12 judicial training required by Section 22.110, Government Code, as
1-13 added by this Act, notwithstanding the requirement of that section
1-14 that it be completed within the first term of office. The training
1-15 must be completed before the judge who is in office on August 31,
1-16 1995, begins another term of office as a judge.
1-17 (b) A judge who takes office on or after September 1, 1995,
1-18 and who has not otherwise satisfied the requirements of Section
1-19 22.110(b), Government Code, as added by this Act, must complete the
1-20 judicial training required by that section within the judge's first
1-21 term of office that begins on or after that date.
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to judicial training in family violence, sexual assault,
1-25 and child abuse issues.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subchapter B, Chapter 22, Government Code, is
1-28 amended by adding Section 22.110 to read as follows:
1-29 Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY
1-30 VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE. (a) The court of
1-31 criminal appeals shall assure that judicial training related to the
1-32 problems of family violence, sexual assault, and child abuse is
1-33 provided.
1-34 (b) The court of criminal appeals shall adopt the rules
1-35 necessary to accomplish the purposes of this section. The rules
1-36 must require each district judge and each judge of a statutory
1-37 county court to complete at least eight hours of the training
1-38 within the judge's first term of office and provide a method for
1-39 certification of completion of that training. At least six hours
1-40 of the training must be dedicated to the training described by
1-41 Subsections (d)(5), (6), and (7). The rules must exempt from the
1-42 training requirement of this subsection each judge who files an
1-43 affidavit stating that the judge does not hear any cases involving
1-44 family violence, sexual assault, or child abuse.
1-45 (c) In adopting the rules, the court of criminal appeals may
1-46 consult with professional groups and associations in the state that
1-47 have expertise in the subject matter to obtain the recommendations
1-48 of those groups or associations for instruction content.
1-49 (d) The instruction must include information about:
1-50 (1) statutory and case law relating to videotaping a
1-51 child's testimony and relating to competency of children to
1-52 testify;
1-53 (2) methods for eliminating the trauma to the child
1-54 caused by the court process;
1-55 (3) case law, statutory law, and procedural rules
1-56 relating to family violence, sexual assault, and child abuse;
1-57 (4) methods for providing protection for victims of
1-58 family violence, sexual assault, or child abuse;
1-59 (5) available community and state resources for
1-60 counseling and other aid to victims and to offenders;
1-61 (6) gender bias in the judicial process; and
1-62 (7) dynamics and effects of being a victim of family
1-63 violence, sexual assault, or child abuse.
1-64 SECTION 2. Section 22.011, Government Code, is repealed.
1-65 SECTION 3. Not later than December 31, 1995, the Office of
1-66 Court Administration shall transfer to the court of criminal
1-67 appeals education committee all records collected and held by the
1-68 Office of Court Administration under Section 22.011, Government
2-1 Code.
2-2 SECTION 4. (a) This Act takes effect August 31, 1995. Each
2-3 judge who is in office on August 31, 1995, must complete the
2-4 judicial training required by Section 22.110, Government Code, as
2-5 added by this Act, notwithstanding the requirement of that section
2-6 that it be completed within the first term of office. The training
2-7 must be completed before August 31, 1996.
2-8 (b) A judge who takes office on or after September 1, 1995,
2-9 and who has not otherwise satisfied the requirements of Section
2-10 22.110(b), Government Code, as added by this Act, must complete the
2-11 judicial training required by that section within the judge's first
2-12 term of office that begins on or after that date.
2-13 SECTION 5. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.
2-18 * * * * *