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.