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.