By Place H.B. No. 2907
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a Crime Victims' Institute in the
1-3 Office of the Attorney General; creating the Crime Victims'
1-4 Institute Fund, a dedicated fund in the state treasury.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 56, Code of Criminal Procedure, is
1-7 amended by the addition of Subchapter C, to read as follows:
1-8 SUBCHAPTER C. CRIME VICTIMS' INSTITUTE.
1-9 Art. 56.101. DEFINITIONS. In this chapter:
1-10 (1) "Fund" means the crime victims' institute fund;
1-11 (2) "Institute" means the crime victims' institute.
1-12 (3) "Secondary victim" means the person or persons,
1-13 other than the victim, receiving services as a result of their own
1-14 reactions or needs resulting from a crime directed against a family
1-15 member, friend, or loved one.
1-16 (4) "Service provider" means an individual or an
1-17 organization that provides assistance to victims, as defined in
1-18 Subdivision (5), and to secondary victims, as defined in
1-19 Subdivision (3).
1-20 (5) "Victim" means a "victim", a "guardian of a
1-21 victim", or a "close relative of a deceased victim", as defined by
1-22 Section 56.01, Code of Criminal Procedure.
1-23 Art. 56.102. CRIME VICTIMS' INSTITUTE. The Crime Victims'
2-1 Institute is created in the Office of the Attorney General.
2-2 Art. 56.103. LEGISLATIVE FINDINGS. (a) It is the intent of
2-3 this legislation to create an institute through which an empirical
2-4 base of information on the impact of crime and criminal justice and
2-5 juvenile justice policy on crime victims can be gathered.
2-6 (b) By beginning to study, research, gather data, and
2-7 analyze that data, the state can create a criminal justice system
2-8 and a juvenile justice system that are more responsive to victims
2-9 and more adept at meeting both their physical and emotional needs,
2-10 as well as providing training in disseminating information and
2-11 developing strategies to prevent initial and future victimization.
2-12 (c) Most criminal justice and juvenile justice research is
2-13 offender-based, studying the impact of sociological factors that
2-14 "create" criminals, and generating explanations and creating
2-15 empathy for people who turn to crime. Then governmental policies
2-16 are created to try to address the needs of the potential offender.
2-17 (d) The central focus of the Crime Victims' Institute will
2-18 be the victim of crime.
2-19 (e) The institute shall provide a body of research that
2-20 attempts to understand and explain the effect of crime on victims,
2-21 secondary victims, victim service providers, and communities, so
2-22 that governmental policies can be crafted to repair and,
2-23 ultimately, to prevent victimization.
2-24 Art. 56.104. CRIME VICTIMS' INSTITUTE ADVISORY POLICY
2-25 COUNCIL. (a) The Crime Victims' Institute Advisory Policy Council
3-1 is an agency of the state, with the members of the council
3-2 appointed by the attorney general.
3-3 (b) The membership of the advisory policy council consists
3-4 of:
3-5 (1) one victim of crime;
3-6 (2) one member of the Texas House of Representatives;
3-7 (3) one member of the Texas Senate;
3-8 (4) one judge of this state whose primary
3-9 responsibilities include the trying of criminal cases;
3-10 (5) one district attorney, criminal district attorney,
3-11 county attorney with felony responsibilities, or county attorney,
3-12 whose primary responsibilities include prosecuting criminal cases;
3-13 (6) one law enforcement officer;
3-14 (7) one victim assistance coordinator;
3-15 (8) one crime victim liaison;
3-16 (9) one mental health care professional with broad
3-17 experience in the care and treatment of victims of crime; and
3-18 (10) one representative with broad knowledge of sexual
3-19 assault issues;
3-20 (11) one representative with broad knowledge of
3-21 domestic violence issues;
3-22 (12) one representative with broad knowledge of child
3-23 abuse issues;
3-24 (13) one representative with broad knowledge of DWI
3-25 issues;
4-1 (14) one representative with broad knowledge of
4-2 homicide issues; and
4-3 (15) one representative with broad knowledge of
4-4 research methods.
4-5 Art. 56.105. TENURE OF APPOINTED MEMBERS. An appointed
4-6 member of the institute's advisory policy council serves for a term
4-7 of two years. The terms of the members shall be staggered, with
4-8 eight of the first member' terms expiring at the end of one year.
4-9 The members shall draw by lot to determine which eight members
4-10 shall serve only a one year term.
4-11 Art. 56.106. SERVICE ADDITIONAL DUTY OF OFFICE. Service on
4-12 the institute's advisory policy council by a public officer or
4-13 employee is an additional duty of the office or employment.
4-14 Art. 56.107. COMPENSATION AND REIMBURSEMENT. A member of
4-15 the institute's advisory policy council serves without compensation
4-16 for service on the council but is entitled to reimbursement for
4-17 actual and necessary expenses incurred in performing council
4-18 duties.
4-19 Art. 56.108. APPOINTMENT OF OTHER ADVISORY BODIES. The
4-20 attorney general may establish other advisory councils, task
4-21 forces, or commissions that the attorney general considers
4-22 necessary to accomplish the purposes of this subchapter.
4-23 Art. 56.109. DUTIES OF CRIME VICTIMS' INSTITUTE. The
4-24 institute shall study the social, psychological, and economic
4-25 effects of crime on victims of crime, secondary victims of crime,
5-1 the families of victims of crime, victim service providers, the
5-2 community, and society as a whole for the purpose of making
5-3 recommendations to the attorney general and the legislature to
5-4 improve the effectiveness of the criminal justice system and the
5-5 juvenile justice system and the treatment of victims of crime. To
5-6 accomplish its duties, the institute shall:
5-7 (1) conduct an in-depth analysis of the impact of
5-8 crime on victims and secondary victims;
5-9 (2) identify critical problems in the criminal justice
5-10 system and juvenile justice system, both state and local, as they
5-11 relate to victims of crime and secondary victims, and recommend
5-12 strategies to address those problems;
5-13 (3) determine the long-range needs of victims of crime
5-14 as they relate to the criminal justice system and the juvenile
5-15 justice system and recommend policy priorities for changes in the
5-16 system;
5-17 (4) assess the cost-effectiveness of existing policies
5-18 and programs in the criminal justice system and juvenile justice
5-19 system as they relate to the treatment of victims of crime;
5-20 (5) recommend improvements in the delivery of services
5-21 on both a state and local level to victims of crime and issue
5-22 periodic reports to the attorney general and the legislature on the
5-23 process towards accomplishing the duties of the institute;
5-24 (6) advise and assist the legislature in developing
5-25 plans, programs, and proposed legislation for improving the
6-1 effectiveness of the criminal justice system and juvenile justice
6-2 system as they relate to victims of crime;
6-3 (7) advise and assist other state and local agencies
6-4 in implementing the programs created and the legislation enacted
6-5 pursuant to Subdivision (6);
6-6 (8) make computations of daily costs and compare
6-7 interagency costs on services provided by agencies that are a part
6-8 of the criminal justice system and the juvenile justice system as
6-9 they relate to treatment of victims of crime;
6-10 (9) make population computations for use in planning
6-11 for the long-range needs of the criminal justice system and the
6-12 juvenile justice system as they relate to treatment of victims of
6-13 crime;
6-14 (10) determine long-range information needs of the
6-15 criminal justice system and the juvenile justice system as they
6-16 relate to victims of crime;
6-17 (11) provide training to and education for employees
6-18 of state and local criminal justice and law enforcement agencies,
6-19 institutions of higher education, public schools, private schools,
6-20 health care facilities, and private sector organizations regarding
6-21 victims' issues;
6-22 (12) provide training and education in programs and
6-23 strategies to prevent victimization, including, but not limited to,
6-24 peer mediation, conflict resolution, self defense, community
6-25 policing, and crime prevention through environmental design;
7-1 (13) develop standards and certification for crime
7-2 victim service providers;
7-3 (14) provide information on availability of funding
7-4 sources and technical assistance and basic grant writing for crime
7-5 victim service providers;
7-6 (15) provide direct services to victims of crime,
7-7 including, but not limited to, information and referral, advocacy,
7-8 and crisis intervention;
7-9 (16) provide technical assistance to victim service
7-10 providers; and
7-11 (17) engage in other activities consistent with the
7-12 responsibilities of the institute.
7-13 Art. 56.110. RULEMAKING AUTHORITY AND ACCESS TO INFORMATION.
7-14 (a) The institute may promulgate rules in accordance with the
7-15 Texas Administrative Procedure Act in order to effectuate the
7-16 purposes of this subchapter.
7-17 (b) The institute shall have access to criminal history and
7-18 law enforcement information in the custody of all state and local
7-19 law enforcement agencies in order to effectuate the purposes of
7-20 this subchapter.
7-21 (c) The institute and the Criminal Justice Policy Council
7-22 shall share information and data, as needed, to enable both to
7-23 perform the duties imposed on each.
7-24 Art. 56.111. PERSONNEL. The office of the attorney general
7-25 may employ such personnel as are necessary to carry out the
8-1 purposes of this subchapter.
8-2 Art. 56.112. CONTRACTUAL AUTHORITY. (a) The office of the
8-3 attorney general may contract with public and private entities,
8-4 including public and private institutions of higher education, in
8-5 order to carry out the performance of the responsibilities imposed
8-6 on the institute by this subchapter.
8-7 (b) The institute may enter into memoranda of understanding
8-8 with the various divisions of the office of the attorney general in
8-9 order to carry out the performance of the responsibilities imposed
8-10 on the institute by this subchapter.
8-11 (c) The institute may contract with the United States, its
8-12 institutions and agencies, other states, political subdivisions
8-13 located in other states, and institutions of higher education, both
8-14 public and private, located in other states in order to carry out
8-15 the performance of the responsibilities imposed on the institute by
8-16 this subchapter.
8-17 Art. 56.113. GIFTS, GRANTS, AND DONATIONS. The office of
8-18 the attorney general may accept gifts, grants, and donations, in
8-19 addition to legislative appropriations, to be credited to the crime
8-20 victims' institute fund and shall file annually with the governor
8-21 and the presiding officer of each house of the legislature a
8-22 complete and detailed written report accounting for all gifts,
8-23 grants, and donations received and disbursed, used, or maintained
8-24 by the office of the attorney general that are credited to this
8-25 fund.
9-1 Art. 56.114. FUNDS. (a) The crime victims' institute fund
9-2 is in the state treasury.
9-3 (b) The crime victims' institute fund may be used by the
9-4 attorney general only for carrying out the purposes of this
9-5 subchapter and other expenses incurred in administering this
9-6 subchapter.
9-7 (c) Moneys deposited to the credit of the crime victims'
9-8 institute fund may be used only as provided by this subchapter and
9-9 are not available for any other purpose.
9-10 Art. 56.115. COURT COSTS. (a) A person shall pay:
9-11 (1) $1 as a court cost on conviction of a felony;
9-12 (2) $1 as a court cost on conviction of violation of a
9-13 municipal ordinance punishable by a fine or more than $200 or on
9-14 conviction of a misdemeanor punishable by imprisonment or by a fine
9-15 or more than $500; or
9-16 (3) $1 as a court cost on conviction of a violation of
9-17 a municipal ordinance punishable by a fine of not more than $200 or
9-18 on conviction of a misdemeanor punishable by a fine of not more
9-19 than $500, other than a conviction of a misdemeanor offense or a
9-20 violation of a municipal ordinance relating to pedestrians and the
9-21 parking of motor vehicles.
9-22 (b) The court shall assess and make a reasonable effort to
9-23 collect the cost due under this section whether any other court
9-24 cost is assessed or collected.
9-25 (c) In this section, a person is considered to have been
10-1 convicted if:
10-2 (1) a sentence is imposed;
10-3 (2) the defendant receives probation or deferred
10-4 adjudication; or
10-5 (3) the court defers final disposition of the case.
10-6 (d) Court costs under this section are collected in the same
10-7 manner as other fines or costs.
10-8 Art. 56.116. DEPOSIT AND REMITTANCE OF COURT COSTS. (a)
10-9 The officer collecting the costs in a municipal court case shall
10-10 keep separate records of the moneys collected as costs under
10-11 Section 56.115 of this code and shall deposit the moneys in the
10-12 municipal treasury. The officer collecting the costs in a justice,
10-13 county, or district court case shall keep separate records of the
10-14 moneys collected as costs under Section 56.115 of this code and
10-15 shall deposit the moneys in the county treasury.
10-16 (b) The custodian of a municipal or county treasury shall:
10-17 (1) keep records of the amount of funds on deposit
10-18 collected under Section 56.115 of this code; and
10-19 (2) send to the comptroller before the last day of the
10-20 first month following each calendar quarter the moneys collected
10-21 during the preceding quarter.
10-22 (c) A municipality or county may retain 10 percent of the
10-23 moneys collected under Section 56.115 of this code as a collection
10-24 fee if the custodian of the treasury:
10-25 (1) keeps records of the amount of funds on deposit
11-1 collected under Section 56.115 of this code; and
11-2 (2) sends to the comptroller the moneys within the
11-3 period prescribed by Subsection (b)(2) of this section.
11-4 (d) If no moneys due as costs under Section 56.115 of this
11-5 code are collected by a custodian of a municipal or county treasury
11-6 in a quarter, the custodian shall file the report required for the
11-7 quarter in the regular manner and must state that no moneys were
11-8 collected.
11-9 Art. 56.117. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
11-10 comptroller shall deposit the funds received under Section 56.114
11-11 of this code and all other moneys credited to the fund by any other
11-12 provision of law in the crime victims' institute fund.
11-13 (b) Moneys collected are subject to audit by the
11-14 comptroller. Moneys spent are subject to audit by the state
11-15 auditor.
11-16 Art. 56.118. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF
11-17 COSTS; FAILURE TO COMPLY. (a) If the attorney general has reason
11-18 to believe that a court has not been assessing costs due under
11-19 Section 56.115 of this code or has not been making a reasonable
11-20 effort to collect those costs, the attorney general shall send a
11-21 warning letter to the court or the governing body of the
11-22 governmental unit in which the court is located.
11-23 (b) Within 60 days after receipt of a warning letter, the
11-24 court or governing body shall respond in writing to the attorney
11-25 general, specifically referring to the charges in the warning
12-1 letter.
12-2 (c) If the court or governing body does not respond or if
12-3 the attorney general considers the response inadequate, the
12-4 attorney general may request the comptroller to audit the records
12-5 of:
12-6 (1) the court;
12-7 (2) the officer charged with collecting the costs; or
12-8 (3) the treasury of the governmental unit in which the
12-9 court is located.
12-10 (d) The comptroller shall give the attorney general the
12-11 results of the audit.
12-12 (e) If, using the results of the audit and other evidence
12-13 available, the attorney general finds that a court is not assessing
12-14 costs due under Section 56.115 of this code or is not making a
12-15 reasonable effort to collect those costs, the attorney general may
12-16 notify the State Commission on Judicial Conduct of the findings.
12-17 SECTION 2. SEVERABILITY. If any section, sentence, clause,
12-18 or part of this Act shall, for any reason, be held invalid, such
12-19 invalidity shall not affect the remaining portions of the Act, and
12-20 it is hereby declared to be the intention of this legislature to
12-21 have passed each section, sentence, clause, or part irrespective of
12-22 the fact that any other section, sentence, clause, or part may be
12-23 declared invalid.
12-24 SECTION 3. EFFECTIVE DATE. This Act takes effect on
12-25 September 1, 1995.
13-1 SECTION 4. EMERGENCY. The importance of this legislation
13-2 and the crowded condition of the calendars in both houses create an
13-3 emergency and an imperative public necessity that the
13-4 constitutional rule requiring bills to be read on three several
13-5 days in each house be suspended, and this rule is hereby suspended,
13-6 and that this Act take effect and be in force from and after its
13-7 passage, and it is so enacted.