By:  Montford                                         S.B. No. 1276
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the creation and administration of the Crime Victims'
    1-2  Institute and advisory council and the Crime Victims' Institute
    1-3  account.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle B, Title 4, Government Code, is amended
    1-6  by adding Chapter 412 to read as follows:
    1-7       CHAPTER 412.  CRIME VICTIMS' INSTITUTE AND CRIME VICTIMS'
    1-8                      INSTITUTE ADVISORY COUNCIL
    1-9                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-10        Sec. 412.001.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Advisory council" means the Crime Victims'
   1-12  Institute Advisory Council.
   1-13              (2)  "Close relative of a deceased victim" has the
   1-14  meaning assigned by Article 56.01, Code of Criminal Procedure.
   1-15              (3)  "Guardian of a victim" has the meaning assigned by
   1-16  Article 56.01, Code of Criminal Procedure.
   1-17              (4)  "Institute" means the Crime Victims' Institute.
   1-18              (5)  "Service provider" means an individual or
   1-19  organization that provides assistance to victims, close relatives
   1-20  of deceased victims, or guardians of victims.
   1-21              (6)  "Victim" has the meaning assigned by Article
   1-22  56.01, Code of Criminal Procedure.
   1-23        Sec. 412.002.  LEGISLATIVE INTENT.  It is the intent of the
   1-24  legislature to create an institute to:
    2-1              (1)  compile and study information concerning the
    2-2  impact of crime on:
    2-3                    (A)  victims;
    2-4                    (B)  close relatives of deceased victims;
    2-5                    (C)  guardians of victims; and
    2-6                    (D)  society;
    2-7              (2)  use information compiled by the institute to
    2-8  evaluate the effectiveness of criminal justice policy and juvenile
    2-9  justice policy in preventing the victimization of society by crime;
   2-10              (3)  develop policies to assist the criminal justice
   2-11  system and the juvenile justice system in preventing the
   2-12  victimization of society by crime; and
   2-13              (4)  provide information related to the studies of the
   2-14  institute.
   2-15         (Sections 412.003 to 412.010 reserved for expansion
   2-16                SUBCHAPTER B.  CRIME VICTIMS' INSTITUTE
   2-17        Sec. 412.011.  GENERAL PROVISION.  The Crime Victims'
   2-18  Institute is created in the office of the attorney general.
   2-19        Sec. 412.012.  DUTIES OF INSTITUTE.  The institute shall:
   2-20              (1)  conduct an in-depth analysis of the impact of
   2-21  crime on:
   2-22                    (A)  victims;
   2-23                    (B)  close relatives of deceased victims;
   2-24                    (C)  guardians of victims; and
   2-25                    (D)  society;
   2-26              (2)  evaluate the effectiveness of and deficiencies in
   2-27  the criminal justice system and the juvenile justice system in
    3-1  addressing the needs of victims, close relatives of deceased
    3-2  victims, and guardians of victims and recommend strategies to
    3-3  address the deficiencies of each system;
    3-4              (3)  determine the long-range needs of victims, close
    3-5  relatives of deceased victims, and guardians of victims as the
    3-6  needs relate to the criminal justice system and the juvenile
    3-7  justice system and recommend changes for each system;
    3-8              (4)  assess the cost-effectiveness of existing policies
    3-9  and programs in the criminal justice system and the juvenile
   3-10  justice system relating to victims, close relatives of deceased
   3-11  victims, and guardians of victims;
   3-12              (5)  make general recommendations for improving the
   3-13  service delivery systems for victims in the State of Texas;
   3-14              (6)  advise and assist the legislature in developing
   3-15  plans, programs, and legislation for improving the effectiveness of
   3-16  the criminal justice system and juvenile justice system in
   3-17  addressing the needs of victims, close relatives of deceased
   3-18  victims, and guardians of victims;
   3-19              (7)  make computations of daily costs and compare
   3-20  interagency costs on victims' services provided by agencies that
   3-21  are a part of the criminal justice system and the juvenile justice
   3-22  system;
   3-23              (8)  determine the costs to attorneys representing the
   3-24  state of performing statutory and constitutional duties relating to
   3-25  victims, close relatives of deceased victims, or guardians of
   3-26  victims;
   3-27              (9)  make statistical computations for use in planning
    4-1  for the long-range needs of the criminal justice system and the
    4-2  juvenile justice system as those needs relate to victims, close
    4-3  relatives of deceased victims, and guardians of victims;
    4-4              (10)  determine the long-range information needs of the
    4-5  criminal justice system and the juvenile justice system as those
    4-6  needs relate to victims, close relatives of deceased victims, and
    4-7  guardians of victims;
    4-8              (11)  enter into a memorandum of understanding with the
    4-9  Texas Crime Victim Clearinghouse to provide training and education
   4-10  related to the outcome of research and duties as conducted under
   4-11  Subdivisions (1)-(10);
   4-12              (12)  issue periodic reports to the attorney general
   4-13  and the legislature on the progress toward accomplishing the duties
   4-14  of the institute; and
   4-15              (13)  engage in other research activities consistent
   4-16  with the duties of the institute.
   4-17        Sec. 412.013.  INTERAGENCY COOPERATION.  (a)  The institute
   4-18  shall cooperate with the Criminal Justice Policy Council in
   4-19  performing the duties of the institute.
   4-20        (b)  The institute may enter into memoranda of understanding
   4-21  with state agencies in performing the duties of the institute.
   4-22        (c)  Local law enforcement agencies shall cooperate with the
   4-23  institute by providing to the institute access to information that
   4-24  is necessary for the performance of the duties of the institute.
   4-25        Sec. 412.014.  PERSONNEL.  The attorney general may employ
   4-26  personnel as necessary to perform the duties of the institute.
   4-27        Sec. 412.015.  CONTRACTUAL AUTHORITY.  (a)  The attorney
    5-1  general may contract with public or private entities in the
    5-2  performance of the duties of the institute.
    5-3        (b)  The institute may contract with public or private
    5-4  entities in the performance of the duties of the institute.
    5-5        Sec. 412.016.  GIFTS, GRANTS, DONATIONS, APPROPRIATIONS.
    5-6  (a)  The attorney general or the institute may accept gifts,
    5-7  grants, donations, or matching funds from a public or private
    5-8  source for the performance of the duties of the institute.
    5-9        (b)  The legislature may appropriate money to the institute
   5-10  to finance the performance of the duties of the institute.
   5-11        (c)  Money and appropriations received by the attorney
   5-12  general or the institute under this section shall be deposited as
   5-13  provided by Section 412.081.
   5-14         (Sections 412.017 to 412.050 reserved for expansion
   5-15           SUBCHAPTER C.  CRIME VICTIMS' INSTITUTE ADVISORY
   5-16                                COUNCIL
   5-17        Sec. 412.051.  CREATION AND COMPOSITION OF ADVISORY COUNCIL.
   5-18  (a)  The Crime Victims' Institute Advisory Council is created as an
   5-19  advisory council to the institute.
   5-20        (b)  The advisory council is composed of the attorney general
   5-21  and the following individuals, each of whom is appointed by the
   5-22  attorney general:
   5-23              (1)  a victim;
   5-24              (2)  a member of the house of representatives;
   5-25              (3)  a member of the senate;
   5-26              (4)  a county judge or district judge whose primary
   5-27  responsibility is to preside over criminal cases;
    6-1              (5)  a district attorney, criminal district attorney,
    6-2  county attorney who prosecutes felony offenses, or county attorney
    6-3  who prosecutes mostly criminal cases;
    6-4              (6)  a law enforcement officer;
    6-5              (7)  a crime victims' assistance coordinator;
    6-6              (8)  a crime victims' liaison;
    6-7              (9)  a mental health professional with substantial
    6-8  experience in the care and treatment of victims;
    6-9              (10)  a person with broad knowledge of sexual assault
   6-10  issues;
   6-11              (11)  a person with broad knowledge of domestic
   6-12  violence issues;
   6-13              (12)  a person with broad knowledge of child abuse
   6-14  issues;
   6-15              (13)  a person with broad knowledge of issues relating
   6-16  to the intoxication offenses described by Chapter 49, Penal Code;
   6-17              (14)  a person with broad knowledge of homicide issues;
   6-18              (15)  a person with broad knowledge of research
   6-19  methods; and
   6-20              (16)  a designee of the governor.
   6-21        (c)  The advisory council shall select a presiding officer
   6-22  from among the council members and other officers that the council
   6-23  considers necessary.
   6-24        Sec. 412.052.  MEETINGS.  The advisory council shall meet at
   6-25  the call of the presiding officer.
   6-26        Sec. 412.053.  TENURE OF MEMBERS.  The members of the
   6-27  advisory council serve for staggered two-year terms, with the terms
    7-1  of eight of the members expiring on January 31 of each
    7-2  even-numbered year and the terms of seven members expiring on
    7-3  January 31 of each odd-numbered year.
    7-4        Sec. 412.054.  SERVICE ADDITIONAL DUTY OF OFFICE.  Service on
    7-5  the advisory council by a public officer or employee is an
    7-6  additional duty of the office or employment.
    7-7        Sec. 412.055.  COMPENSATION AND REIMBURSEMENT.  A member of
    7-8  the advisory council serves without compensation for service on the
    7-9  council but may be reimbursed for actual and necessary expenses
   7-10  incurred while performing council duties.
   7-11        Sec. 412.056.  APPOINTMENT OF OTHER ADVISORY BODIES.  The
   7-12  advisory council may establish advisory task forces or committees
   7-13  that the council considers necessary to accomplish the purposes of
   7-14  this chapter.
   7-15        Sec. 412.057.  DUTIES OF ADVISORY COUNCIL.  The advisory
   7-16  council shall advise the institute on issues relating directly to
   7-17  the duties of the institute as set forth under Section 412.012.
   7-18         (Sections 412.058 to 412.080 reserved for expansion
   7-19            SUBCHAPTER D.  CRIME VICTIMS' INSTITUTE ACCOUNT
   7-20        Sec. 412.081.  CRIME VICTIMS' INSTITUTE ACCOUNT; AUDIT.
   7-21  (a)  The Crime Victims' Institute account is an account in the
   7-22  general revenue fund.
   7-23        (b)  The attorney general may use funds from the Crime
   7-24  Victims' Institute account to carry out the purposes of this
   7-25  chapter.
   7-26        (c)  The comptroller shall deposit the funds received under
   7-27  this chapter to the credit of the Crime Victims' Institute account.
    8-1        (d)  Funds spent are subject to audit by the state auditor.
    8-2        (e)  Section 403.094 does not apply to funds collected under
    8-3  this chapter.
    8-4        Sec. 412.082.  ANNUAL REPORT.  (a)  The institute shall file
    8-5  annually with the governor and the presiding officer of each house
    8-6  of the legislature a complete and detailed written report
    8-7  accounting for all funds received and disbursed by the institute
    8-8  during the preceding year.
    8-9        (b)  The form of the annual report and the reporting time
   8-10  shall be as provided by the General Appropriations Act.
   8-11        (c)  The institute shall determine the format and contents of
   8-12  the report and may have copies of the report printed for
   8-13  distribution as the institute considers appropriate.
   8-14        SECTION 2.  Subchapter F, Chapter 411, Government Code, is
   8-15  amended by adding Section 411.128 to read as follows:
   8-16        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;
   8-17  CRIME VICTIMS' INSTITUTE.  The Crime Victims' Institute is entitled
   8-18  to obtain from the department criminal history record information
   8-19  maintained by the department that the institute believes is
   8-20  necessary for the performance of the duties of the institute under
   8-21  Chapter 412.
   8-22        SECTION 3.  Section 413.009, Government Code, is amended to
   8-23  read as follows:
   8-24        Sec. 413.009.  DUTIES OF POLICY COUNCIL.  (a)  To accomplish
   8-25  its duties the policy council shall:
   8-26              (1)  conduct an in-depth analysis of the criminal
   8-27  justice system;
    9-1              (2)  determine the long-range needs of the criminal
    9-2  justice system and recommend policy priorities for the system;
    9-3              (3)  identify critical problems in the criminal justice
    9-4  system and recommend strategies to solve those problems;
    9-5              (4)  assess the cost-effectiveness of the use of state
    9-6  and local funds in the criminal justice system;
    9-7              (5)  recommend means to improve the deterrent and
    9-8  rehabilitative capabilities of the criminal justice system;
    9-9              (6)  advise and assist the legislature in developing
   9-10  plans, programs, and proposed legislation for improving the
   9-11  effectiveness of the criminal justice system;
   9-12              (7)  make computations of daily costs and compare
   9-13  interagency costs on services provided by agencies that are a part
   9-14  of the criminal justice system;
   9-15              (8)  make population computations for use in planning
   9-16  for the long-range needs of the criminal justice system;
   9-17              (9)  determine long-range information needs of the
   9-18  criminal justice system and acquire that information; and
   9-19              (10)  engage in other activities consistent with the
   9-20  responsibilities of the policy council.
   9-21        (b)  The policy council shall cooperate with the Crime
   9-22  Victims' Institute by providing information and assistance to the
   9-23  institute relating to the improvement of crime victims' services.
   9-24        SECTION 4.  Not later than January 31, 1996, the attorney
   9-25  general shall appoint the members of the Crime Victims' Institute
   9-26  Advisory Council in accordance with Section 412.051, Government
   9-27  Code, as added by this Act.  In making the appointments, the
   10-1  attorney general shall designate seven members for terms expiring
   10-2  January 31, 1997, and eight members for terms expiring January 31,
   10-3  1998.
   10-4        SECTION 5.  This Act takes effect September 1, 1995.
   10-5        SECTION 6.  The importance of this legislation and the
   10-6  crowded condition of the calendars in both houses create an
   10-7  emergency and an imperative public necessity that the
   10-8  constitutional rule requiring bills to be read on three several
   10-9  days in each house be suspended, and this rule is hereby suspended.