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.