By Montford                                           S.B. No. 1276
       74R6978 DD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation and administration of the crime victims'
    1-3  institute and the crime victims' institute 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 POLICY COUNCIL
    1-9                  SUBCHAPTER A.  GENERAL PROVISIONS
   1-10        Sec. 412.001.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Immediate family member" has the meaning assigned
   1-12  by Article 56.32, Code of Criminal Procedure.
   1-13              (2)  "Institute" means the Crime Victims' Institute.
   1-14              (3)  "Policy council" means the Crime Victims'
   1-15  Institute Advisory Policy Council.
   1-16              (4)  "Secondary victim" means a person who is an
   1-17  immediate family member or friend of the victim.
   1-18              (5)  "Service provider" means an individual or
   1-19  organization that provides assistance to victims or to secondary
   1-20  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 FINDING AND INTENT.  (a)  The
   1-24  legislature finds that there is a need for the study, research,
    2-1  compilation, and analysis of information relating to the impact of
    2-2  crime on a victim.
    2-3        (b)  It is the intent of the legislature to create an
    2-4  institute to:
    2-5              (1)  compile and study information concerning the
    2-6  impact of crime on victims and 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 and assistance to communities,
   2-14  service providers, state agencies, and law enforcement authorities
   2-15  in order to address the needs of victims in an effective manner.
   2-16           (Sections 412.003-412.010 reserved for expansion
   2-17                SUBCHAPTER B.  CRIME VICTIMS' INSTITUTE
   2-18        Sec. 412.011.  GENERAL PROVISION.  The Crime Victims'
   2-19  Institute is created in the office of the attorney general.
   2-20        Sec. 412.012.  DUTIES OF INSTITUTE.  The institute shall:
   2-21              (1)  conduct an in-depth analysis of the impact of
   2-22  crime on victims, secondary victims, and society;
   2-23              (2)  evaluate the effectiveness of and deficiencies in
   2-24  the criminal justice system and the juvenile justice system in
   2-25  addressing the needs of victims and secondary victims and recommend
   2-26  strategies to address the deficiencies of each system;
   2-27              (3)  determine the long-range needs of victims and
    3-1  secondary victims as the needs relate to the criminal justice
    3-2  system and the juvenile justice system and recommend changes for
    3-3  each system;
    3-4              (4)  assess the cost-effectiveness of existing policies
    3-5  and programs in the criminal justice system and the juvenile
    3-6  justice system as they relate to the treatment of victims and
    3-7  secondary victims;
    3-8              (5)  make recommendations for improving services to
    3-9  victims and secondary victims;
   3-10              (6)  advise and assist the legislature in developing
   3-11  plans, programs, and legislation for improving the effectiveness of
   3-12  the criminal justice system and juvenile justice system as they
   3-13  relate to victims and secondary victims;
   3-14              (7)  advise and assist state and local agencies in
   3-15  implementing the programs created and the legislation enacted as
   3-16  described by Subdivision (6);
   3-17              (8)  make computations of daily costs and compare
   3-18  interagency costs on victims' services provided by agencies that
   3-19  are a part of the criminal justice system and the juvenile justice
   3-20  system;
   3-21              (9)  make population computations for use in planning
   3-22  for the long-range needs of the criminal justice system and the
   3-23  juvenile justice system as those needs relate to treatment of
   3-24  victims and secondary victims;
   3-25              (10)  determine the long-range information needs of the
   3-26  criminal justice system and the juvenile justice system as those
   3-27  needs relate to victims and secondary victims;
    4-1              (11)  provide training and education on victims' issues
    4-2  for employees of state and local criminal justice or law
    4-3  enforcement agencies, public and private schools, health care
    4-4  facilities, and private organizations;
    4-5              (12)  provide training and education in programs and
    4-6  strategies to prevent victimization;
    4-7              (13)  provide information and assistance to service
    4-8  providers in locating funding and grants;
    4-9              (14)  provide direct services to victims, including
   4-10  referral, advocacy, and crisis intervention;
   4-11              (15)  provide technical assistance to service
   4-12  providers;
   4-13              (16)  issue periodic reports to the attorney general
   4-14  and the legislature on the progress toward accomplishing the duties
   4-15  of the institute; and
   4-16              (17)  engage in other activities consistent with the
   4-17  duties of the institute.
   4-18        Sec. 412.013.  RULEMAKING AUTHORITY.  The institute may adopt
   4-19  rules as provided by Chapter 2001 to perform the duties of the
   4-20  institute.
   4-21        Sec. 412.014.  INTERAGENCY COOPERATION.  (a)  The institute
   4-22  shall cooperate with the Criminal Justice Policy Council in
   4-23  performing the duties of the institute.
   4-24        (b)  The institute may enter into memoranda of understanding
   4-25  with state agencies in performing the duties of the institute.
   4-26        Sec. 412.015.  PERSONNEL.  The attorney general may employ
   4-27  personnel as necessary to perform the duties of the institute.
    5-1        Sec. 412.016.  CONTRACTUAL AUTHORITY.  (a)  The attorney
    5-2  general may contract with public or private entities in the
    5-3  performance of the duties of the institute.
    5-4        (b)  The institute may contract with public or private
    5-5  entities in the performance of the duties of the institute.
    5-6        Sec. 412.017.  GIFTS, GRANTS, APPROPRIATIONS.  (a)  The
    5-7  attorney general or the institute may accept gifts, grants, or
    5-8  matching funds from a public or private source for the performance
    5-9  of the duties of the institute.
   5-10        (b)  The legislature may appropriate money to the institute
   5-11  to finance the performance of the duties of the institute.
   5-12        (c)  Money and appropriations received by the attorney
   5-13  general or the institute under this section shall be deposited as
   5-14  provided by Section 412.081.
   5-15           (Sections 412.018-412.050 reserved for expansion
   5-16            SUBCHAPTER C. CRIME VICTIMS' INSTITUTE ADVISORY
   5-17                            POLICY COUNCIL
   5-18        Sec. 412.051.  CREATION AND COMPOSITION OF POLICY COUNCIL.
   5-19  (a)  The Crime Victims' Institute Advisory Policy Council is
   5-20  created as an advisory council to the institute.
   5-21        (b)  The policy council is composed of the attorney general
   5-22  and of the following individuals, each of whom is appointed by the
   5-23  attorney general:
   5-24              (1)  a victim;
   5-25              (2)  a member of the house of representatives;
   5-26              (3)  a member of the senate;
   5-27              (4)  a county judge or district judge whose primary
    6-1  responsibility is to preside over criminal cases;
    6-2              (5)  a district attorney, criminal district attorney,
    6-3  county attorney who prosecutes felony offenses, or a county
    6-4  attorney who prosecutes mostly criminal cases;
    6-5              (6)  a law enforcement officer;
    6-6              (7)  a crime victims' assistance coordinator;
    6-7              (8)  a crime victims' liaison;
    6-8              (9)  a mental health professional with expertise in the
    6-9  care and treatment of victims;
   6-10              (10)  a person with broad knowledge of sexual assault
   6-11  issues;
   6-12              (11)  a person with broad knowledge of domestic
   6-13  violence issues;
   6-14              (12)  a person with broad knowledge of child abuse
   6-15  issues;
   6-16              (13)  a person with broad knowledge of issues relating
   6-17  to the intoxication offenses described by Chapter 49, Penal Code;
   6-18              (14)  a person with broad knowledge of homicide issues;
   6-19  and
   6-20              (15)  a person with broad knowledge of research
   6-21  methods.
   6-22        (c)  The policy council shall select a presiding officer from
   6-23  among the council members and other officers that the council
   6-24  considers necessary.
   6-25        Sec. 412.052.  MEETINGS.  The policy council shall meet at
   6-26  the call of the presiding officer.
   6-27        Sec. 412.053.  TENURE OF MEMBERS.  The members of the policy
    7-1  council serve for staggered two-year terms, with the terms of eight
    7-2  of the members expiring on January 31 of each even-numbered year
    7-3  and the terms of seven members expiring on January 31 of each
    7-4  odd-numbered year.
    7-5        Sec. 412.054.  SERVICE ADDITIONAL DUTY OF OFFICE.  Service on
    7-6  the policy council by a public officer or employee is an additional
    7-7  duty of the office or employment.
    7-8        Sec. 412.055.  COMPENSATION AND REIMBURSEMENT.  A  member of
    7-9  the policy council serves without compensation for service on the
   7-10  policy council but may be reimbursed for actual and necessary
   7-11  expenses incurred while performing council duties.
   7-12        Sec. 412.056.  APPOINTMENT OF OTHER ADVISORY BODIES.  The
   7-13  policy council may establish other advisory councils, task forces,
   7-14  or committees that the council considers necessary to accomplish
   7-15  the purposes of this chapter.
   7-16        Sec. 412.057.  DUTIES OF POLICY COUNCIL.  The policy council
   7-17  shall:
   7-18              (1)  study the impact of crime on victims, secondary
   7-19  victims, and society;
   7-20              (2)  make recommendations to the attorney general and
   7-21  the legislature for improving the criminal justice system's and the
   7-22  juvenile justice system's services to victims and secondary
   7-23  victims; and
   7-24              (3)  advise the institute for the purpose of improving
   7-25  services to victims and secondary victims.
   7-26           (Sections 412.058-412.080 reserved for expansion
   7-27            SUBCHAPTER D.  CRIME VICTIMS' INSTITUTE ACCOUNT
    8-1        Sec. 412.081.  CRIME VICTIMS' INSTITUTE ACCOUNT; AUDIT.  (a)
    8-2  The Crime Victims' Institute account is an account in the general
    8-3  revenue fund.
    8-4        (b)  The attorney general may use funds from the Crime
    8-5  Victims' Institute account to carry out the purposes of this
    8-6  chapter.
    8-7        (c)  The comptroller shall deposit the funds received under
    8-8  this chapter to the credit of the Crime Victims' Institute account.
    8-9        (d)  Funds collected under this chapter are subject to audit
   8-10  by the comptroller.  Funds spent are subject to audit by the state
   8-11  auditor.
   8-12        Sec. 412.082.  ANNUAL REPORT.  (a)  The institute shall file
   8-13  annually with the governor and the presiding officer of each house
   8-14  of the legislature a complete and detailed written report
   8-15  accounting for all funds received and disbursed by the institute
   8-16  during the preceding year.
   8-17        (b)  The form of the annual report and the reporting time
   8-18  shall be as provided by the General Appropriations Act.
   8-19        (c)  The institute shall determine the format and contents of
   8-20  the report and may have copies of the report printed for
   8-21  distribution as the institute considers appropriate.
   8-22        SECTION 2.  Chapter 411, Government Code, is amended by
   8-23  adding Section 411.128 to read as follows:
   8-24        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;
   8-25  CRIME VICTIMS' INSTITUTE.  The Crime Victims' Institute is entitled
   8-26  to obtain from the department criminal history record information
   8-27  maintained by the department that the institute believes is
    9-1  necessary for the performance of the duties of the institute under
    9-2  Chapter 412.
    9-3        SECTION 3.  Section 413.009, Government Code, is amended to
    9-4  read as follows:
    9-5        Sec. 413.009.  DUTIES OF POLICY COUNCIL.  (a)  To accomplish
    9-6  its duties the policy council shall:
    9-7              (1)  conduct an in-depth analysis of the criminal
    9-8  justice system;
    9-9              (2)  determine the long-range needs of the criminal
   9-10  justice system and recommend policy priorities for the system;
   9-11              (3)  identify critical problems in the criminal justice
   9-12  system and recommend strategies to solve those problems;
   9-13              (4)  assess the cost-effectiveness of the use of state
   9-14  and local funds in the criminal justice system;
   9-15              (5)  recommend means to improve the deterrent and
   9-16  rehabilitative capabilities of the criminal justice system;
   9-17              (6)  advise and assist the legislature in developing
   9-18  plans, programs, and proposed legislation for improving the
   9-19  effectiveness of the criminal justice system;
   9-20              (7)  make computations of daily costs and compare
   9-21  interagency costs on services provided by agencies that are a part
   9-22  of the criminal justice system;
   9-23              (8)  make population computations for use in planning
   9-24  for the long-range needs of the criminal justice system;
   9-25              (9)  determine long-range information needs of the
   9-26  criminal justice system and acquire that information; and
   9-27              (10)  engage in other activities consistent with the
   10-1  responsibilities of the policy council.
   10-2        (b)  The policy council shall cooperate with the Crime
   10-3  Victims' Institute by providing information and assistance to the
   10-4  institute relating to the improvement of crime victims' services.
   10-5        SECTION 4.  Not later than January 31, 1996, the attorney
   10-6  general shall appoint the members of the Crime Victims' Institute
   10-7  Advisory Policy Council in accordance with Section 412.051,
   10-8  Government Code, as added by this Act.  In making the appointments,
   10-9  the attorney general shall designate seven members for terms
  10-10  expiring January 31, 1997, and eight members for terms expiring
  10-11  January 31, 1998.
  10-12        SECTION 5.  This Act takes effect September 1, 1995.
  10-13        SECTION 6.  The importance of this legislation and the
  10-14  crowded condition of the calendars in both houses create an
  10-15  emergency and an imperative public necessity that the
  10-16  constitutional rule requiring bills to be read on three several
  10-17  days in each house be suspended, and this rule is hereby suspended.