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.