1-1 By: Montford S.B. No. 1276
1-2 (In the Senate - Filed March 10, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 2, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; May 2, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1276 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation and administration of the Crime Victims'
1-11 Institute and advisory council and the Crime Victims' Institute
1-12 account.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subtitle B, Title 4, Government Code, is amended
1-15 by adding Chapter 412 to read as follows:
1-16 CHAPTER 412. CRIME VICTIMS' INSTITUTE AND CRIME VICTIMS'
1-17 INSTITUTE ADVISORY COUNCIL
1-18 SUBCHAPTER A. GENERAL PROVISIONS
1-19 Sec. 412.001. DEFINITIONS. In this chapter:
1-20 (1) "Advisory council" means the Crime Victims'
1-21 Institute Advisory Council.
1-22 (2) "Close relative of a deceased victim" has the
1-23 meaning assigned by Article 56.01, Code of Criminal Procedure.
1-24 (3) "Guardian of a victim" has the meaning assigned by
1-25 Article 56.01, Code of Criminal Procedure.
1-26 (4) "Institute" means the Crime Victims' Institute.
1-27 (5) "Service provider" means an individual or
1-28 organization that provides assistance to victims, close relatives
1-29 of deceased victims, or guardians of victims.
1-30 (6) "Victim" has the meaning assigned by Article
1-31 56.01, Code of Criminal Procedure.
1-32 Sec. 412.002. LEGISLATIVE INTENT. It is the intent of the
1-33 legislature to create an institute to:
1-34 (1) compile and study information concerning the
1-35 impact of crime on:
1-36 (A) victims;
1-37 (B) close relatives of deceased victims;
1-38 (C) guardians of victims; and
1-39 (D) society;
1-40 (2) use information compiled by the institute to
1-41 evaluate the effectiveness of criminal justice policy and juvenile
1-42 justice policy in preventing the victimization of society by crime;
1-43 (3) develop policies to assist the criminal justice
1-44 system and the juvenile justice system in preventing the
1-45 victimization of society by crime; and
1-46 (4) provide information and assistance to communities,
1-47 service providers, state agencies, and law enforcement authorities
1-48 in order to address effectively the needs of:
1-49 (A) victims;
1-50 (B) close relatives of deceased victims; and
1-51 (C) guardians of victims.
1-52 (Sections 412.003 to 412.010 reserved for expansion
1-53 SUBCHAPTER B. CRIME VICTIMS' INSTITUTE
1-54 Sec. 412.011. GENERAL PROVISION. The Crime Victims'
1-55 Institute is created in the office of the attorney general.
1-56 Sec. 412.012. DUTIES OF INSTITUTE. The institute shall:
1-57 (1) conduct an in-depth analysis of the impact of
1-58 crime on:
1-59 (A) victims;
1-60 (B) close relatives of deceased victims;
1-61 (C) guardians of victims; and
1-62 (D) society;
1-63 (2) evaluate the effectiveness of and deficiencies in
1-64 the criminal justice system and the juvenile justice system in
1-65 addressing the needs of victims, close relatives of deceased
1-66 victims, and guardians of victims and recommend strategies to
1-67 address the deficiencies of each system;
1-68 (3) determine the long-range needs of victims, close
2-1 relatives of deceased victims, and guardians of victims as the
2-2 needs relate to the criminal justice system and the juvenile
2-3 justice system and recommend changes for each system;
2-4 (4) assess the cost-effectiveness of existing policies
2-5 and programs in the criminal justice system and the juvenile
2-6 justice system relating to victims, close relatives of deceased
2-7 victims, and guardians of victims;
2-8 (5) make recommendations for improving state and local
2-9 services to victims, close relatives of deceased victims, and
2-10 guardians of victims;
2-11 (6) advise and assist the legislature in developing
2-12 plans, programs, and legislation for improving the effectiveness of
2-13 the criminal justice system and juvenile justice system in
2-14 addressing the needs of victims, close relatives of deceased
2-15 victims, and guardians of victims;
2-16 (7) advise and assist state and local agencies in
2-17 implementing the programs created and the legislation enacted as
2-18 described by Subdivision (6);
2-19 (8) make computations of daily costs and compare
2-20 interagency costs on victims' services provided by agencies that
2-21 are a part of the criminal justice system and the juvenile justice
2-22 system;
2-23 (9) determine the costs to attorneys representing the
2-24 state of performing statutory and constitutional duties relating to
2-25 victims, close relatives of deceased victims, or guardians of
2-26 victims;
2-27 (10) make statistical computations for use in planning
2-28 for the long-range needs of the criminal justice system and the
2-29 juvenile justice system as those needs relate to victims, close
2-30 relatives of deceased victims, and guardians of victims;
2-31 (11) determine the long-range information needs of the
2-32 criminal justice system and the juvenile justice system as those
2-33 needs relate to victims, close relatives of deceased victims, and
2-34 guardians of victims;
2-35 (12) provide training and education on victims' issues
2-36 for employees of state and local criminal justice or law
2-37 enforcement agencies, public and private schools, health care
2-38 facilities, and private organizations, including nonprofit
2-39 corporations;
2-40 (13) provide training and education in programs and
2-41 strategies to prevent victimization;
2-42 (14) provide information and assistance to service
2-43 providers in locating funding and grants;
2-44 (15) provide direct services to victims, close
2-45 relatives of deceased victims, and guardians of victims, including
2-46 referral, advocacy, and crisis intervention;
2-47 (16) provide technical assistance to service
2-48 providers;
2-49 (17) issue periodic reports to the attorney general
2-50 and the legislature on the progress toward accomplishing the duties
2-51 of the institute; and
2-52 (18) engage in other activities consistent with the
2-53 duties of the institute.
2-54 Sec. 412.013. RULEMAKING AUTHORITY. The institute may adopt
2-55 rules as provided by Chapter 2001 to perform the duties of the
2-56 institute.
2-57 Sec. 412.014. INTERAGENCY COOPERATION. (a) The institute
2-58 shall cooperate with the Criminal Justice Policy Council in
2-59 performing the duties of the institute.
2-60 (b) The institute may enter into memoranda of understanding
2-61 with state agencies in performing the duties of the institute.
2-62 (c) Local law enforcement agencies shall cooperate with the
2-63 institute by providing to the institute access to information that
2-64 is necessary for the performance of the duties of the institute.
2-65 Sec. 412.015. PERSONNEL. The attorney general may employ
2-66 personnel as necessary to perform the duties of the institute.
2-67 Sec. 412.016. CONTRACTUAL AUTHORITY. (a) The attorney
2-68 general may contract with public or private entities in the
2-69 performance of the duties of the institute.
2-70 (b) The institute may contract with public or private
3-1 entities in the performance of the duties of the institute.
3-2 Sec. 412.017. GIFTS, GRANTS, DONATIONS, APPROPRIATIONS.
3-3 (a) The attorney general or the institute may accept gifts,
3-4 grants, donations, or matching funds from a public or private
3-5 source for the performance of the duties of the institute.
3-6 (b) The legislature may appropriate money to the institute
3-7 to finance the performance of the duties of the institute.
3-8 (c) Money and appropriations received by the attorney
3-9 general or the institute under this section shall be deposited as
3-10 provided by Section 412.081.
3-11 (Sections 412.018 to 412.050 reserved for expansion
3-12 SUBCHAPTER C. CRIME VICTIMS' INSTITUTE ADVISORY
3-13 COUNCIL
3-14 Sec. 412.051. CREATION AND COMPOSITION OF ADVISORY COUNCIL.
3-15 (a) The Crime Victims' Institute Advisory Council is created as an
3-16 advisory council to the institute.
3-17 (b) The advisory council is composed of the attorney general
3-18 and the following individuals, each of whom is appointed by the
3-19 attorney general:
3-20 (1) a victim;
3-21 (2) a member of the house of representatives;
3-22 (3) a member of the senate;
3-23 (4) a county judge or district judge whose primary
3-24 responsibility is to preside over criminal cases;
3-25 (5) a district attorney, criminal district attorney,
3-26 county attorney who prosecutes felony offenses, or county attorney
3-27 who prosecutes mostly criminal cases;
3-28 (6) a law enforcement officer;
3-29 (7) a crime victims' assistance coordinator;
3-30 (8) a crime victims' liaison;
3-31 (9) a mental health professional with substantial
3-32 experience in the care and treatment of victims;
3-33 (10) a person with broad knowledge of sexual assault
3-34 issues;
3-35 (11) a person with broad knowledge of domestic
3-36 violence issues;
3-37 (12) a person with broad knowledge of child abuse
3-38 issues;
3-39 (13) a person with broad knowledge of issues relating
3-40 to the intoxication offenses described by Chapter 49, Penal Code;
3-41 (14) a person with broad knowledge of homicide issues;
3-42 and
3-43 (15) a person with broad knowledge of research
3-44 methods.
3-45 (c) The advisory council shall select a presiding officer
3-46 from among the council members and other officers that the council
3-47 considers necessary.
3-48 Sec. 412.052. MEETINGS. The advisory council shall meet at
3-49 the call of the presiding officer.
3-50 Sec. 412.053. TENURE OF MEMBERS. The members of the
3-51 advisory council serve for staggered two-year terms, with the terms
3-52 of eight of the members expiring on January 31 of each
3-53 even-numbered year and the terms of seven members expiring on
3-54 January 31 of each odd-numbered year.
3-55 Sec. 412.054. SERVICE ADDITIONAL DUTY OF OFFICE. Service on
3-56 the advisory council by a public officer or employee is an
3-57 additional duty of the office or employment.
3-58 Sec. 412.055. COMPENSATION AND REIMBURSEMENT. A member of
3-59 the advisory council serves without compensation for service on the
3-60 council but may be reimbursed for actual and necessary expenses
3-61 incurred while performing council duties.
3-62 Sec. 412.056. APPOINTMENT OF OTHER ADVISORY BODIES. The
3-63 advisory council may establish advisory task forces or committees
3-64 that the council considers necessary to accomplish the purposes of
3-65 this chapter.
3-66 Sec. 412.057. DUTIES OF ADVISORY COUNCIL. The advisory
3-67 council shall advise the institute for the purpose of improving
3-68 services to victims, close relatives of deceased victims, and
3-69 guardians of victims.
3-70 (Sections 412.058 to 412.080 reserved for expansion
4-1 SUBCHAPTER D. CRIME VICTIMS' INSTITUTE ACCOUNT
4-2 Sec. 412.081. CRIME VICTIMS' INSTITUTE ACCOUNT; AUDIT.
4-3 (a) The Crime Victims' Institute account is an account in the
4-4 general revenue fund.
4-5 (b) The attorney general may use funds from the Crime
4-6 Victims' Institute account to carry out the purposes of this
4-7 chapter.
4-8 (c) The comptroller shall deposit the funds received under
4-9 this chapter to the credit of the Crime Victims' Institute account.
4-10 (d) Funds spent are subject to audit by the state auditor.
4-11 (e) Section 403.094 does not apply to funds collected under
4-12 this chapter.
4-13 Sec. 412.082. ANNUAL REPORT. (a) The institute shall file
4-14 annually with the governor and the presiding officer of each house
4-15 of the legislature a complete and detailed written report
4-16 accounting for all funds received and disbursed by the institute
4-17 during the preceding year.
4-18 (b) The form of the annual report and the reporting time
4-19 shall be as provided by the General Appropriations Act.
4-20 (c) The institute shall determine the format and contents of
4-21 the report and may have copies of the report printed for
4-22 distribution as the institute considers appropriate.
4-23 SECTION 2. Subchapter F, Chapter 411, Government Code, is
4-24 amended by adding Section 411.128 to read as follows:
4-25 Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;
4-26 CRIME VICTIMS' INSTITUTE. The Crime Victims' Institute is entitled
4-27 to obtain from the department criminal history record information
4-28 maintained by the department that the institute believes is
4-29 necessary for the performance of the duties of the institute under
4-30 Chapter 412.
4-31 SECTION 3. Section 413.009, Government Code, is amended to
4-32 read as follows:
4-33 Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish
4-34 its duties the policy council shall:
4-35 (1) conduct an in-depth analysis of the criminal
4-36 justice system;
4-37 (2) determine the long-range needs of the criminal
4-38 justice system and recommend policy priorities for the system;
4-39 (3) identify critical problems in the criminal justice
4-40 system and recommend strategies to solve those problems;
4-41 (4) assess the cost-effectiveness of the use of state
4-42 and local funds in the criminal justice system;
4-43 (5) recommend means to improve the deterrent and
4-44 rehabilitative capabilities of the criminal justice system;
4-45 (6) advise and assist the legislature in developing
4-46 plans, programs, and proposed legislation for improving the
4-47 effectiveness of the criminal justice system;
4-48 (7) make computations of daily costs and compare
4-49 interagency costs on services provided by agencies that are a part
4-50 of the criminal justice system;
4-51 (8) make population computations for use in planning
4-52 for the long-range needs of the criminal justice system;
4-53 (9) determine long-range information needs of the
4-54 criminal justice system and acquire that information; and
4-55 (10) engage in other activities consistent with the
4-56 responsibilities of the policy council.
4-57 (b) The policy council shall cooperate with the Crime
4-58 Victims' Institute by providing information and assistance to the
4-59 institute relating to the improvement of crime victims' services.
4-60 SECTION 4. Not later than January 31, 1996, the attorney
4-61 general shall appoint the members of the Crime Victims' Institute
4-62 Advisory Council in accordance with Section 412.051, Government
4-63 Code, as added by this Act. In making the appointments, the
4-64 attorney general shall designate seven members for terms expiring
4-65 January 31, 1997, and eight members for terms expiring January 31,
4-66 1998.
4-67 SECTION 5. This Act takes effect September 1, 1995.
4-68 SECTION 6. The importance of this legislation and the
4-69 crowded condition of the calendars in both houses create an
4-70 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.
5-3 * * * * *