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.