By Ellis S.B. No. 325
76R4346 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to extending the requirement for judicial instruction
1-3 related to family violence, sexual assault, and child abuse to
1-4 certain judges and judicial personnel.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 22.110, Government Code, is amended by
1-7 amending Subsection (b) and adding Subsection (e) to read as
1-8 follows:
1-9 (b) The court of criminal appeals shall adopt the rules
1-10 necessary to accomplish the purposes of this section. The rules
1-11 must require each justice of the supreme court, judge of the court
1-12 of criminal appeals, justice of a court of appeals, district judge,
1-13 judge of a constitutional county court, [and each] judge of a
1-14 statutory county court, justice of the peace, municipal judge,
1-15 associate municipal judge, judge sitting by assignment, associate
1-16 judge, master, referee, and magistrate to complete at least eight
1-17 hours of the training within the judge's first term of office or
1-18 the judicial officer's first four years of service and provide a
1-19 method for certification of completion of that training. At least
1-20 six hours of the training must be dedicated to the training
1-21 described by Subsections (d)(5), (6), and (7). The rules must
1-22 require each judge and judicial officer to complete an additional
1-23 three hours of training during each additional term in office or
1-24 four years of service. The rules must exempt from the training
2-1 requirement of this subsection each judge or judicial officer who
2-2 files an affidavit stating that the judge or judicial officer does
2-3 not hear any cases involving family violence, sexual assault, or
2-4 child abuse.
2-5 (e) The court of criminal appeals or the court's designee
2-6 shall report the name of a judge or judicial officer who does not
2-7 comply with the requirements of this section to the State
2-8 Commission on Judicial Conduct.
2-9 SECTION 2. (a) This Act takes effect August 31, 1999. Each
2-10 judge or judicial officer who is in office on August 31, 1999, must
2-11 complete the judicial training required by Section 22.110,
2-12 Government Code, as amended by this Act, notwithstanding the
2-13 requirement of that section that the training be completed within
2-14 the first term of office or first four years of service. The
2-15 training must be completed before the judge or judicial officer who
2-16 is in office on August 31, 1999, begins another term of office as a
2-17 judge or completes another year of service as a judicial officer.
2-18 (b) A judge or judicial officer who takes office on or after
2-19 September 1, 1999, and who has not otherwise satisfied the
2-20 requirements of Section 22.110, Government Code, as amended by this
2-21 Act, must complete the judicial training required by that section
2-22 within the judge's first term of office that begins on or after
2-23 that date or within the judicial officer's first four years of
2-24 service.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.