SRC-JLB, TAG S.B. 53 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 53
78R834 KEL-DBy: Zaffirini
Jurisprudence
2/20/2003
As Filed


DIGEST AND PURPOSE 

Currently, some victims of sexual assault do not report assaults because
they fear not being believed. Some feel that myths about sexual assault,
such as date rape or acquaintance rape, are rampant among the general
public.  Prosecutors report that some sexual assault cases are not tried,
because the prosecutors do not believe that a grand jury will indict the
accused sex offender.  The result is that some sex offenders are not
brought to justice and are free to perpetrate another sexual assault.  As
proposed, S.B. 53 requires judges to provide grand jury training about the
dynamics of sexual assault, with the training to be provided by local rape
crisis centers or, if the court is outside any rape crisis service area,
by trainers who will train only with curriculum approved by the Texas
Association Against Sexual Assault. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to district courts in SECTION 1
(Article 19.43, Code of Criminal Procedure) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 19, Code of Criminal Procedure, by adding
Article 19.43, as follows: 

 Article 19.43.  GRAND JUROR TRAINING REGARDING SEXUAL ASSAULT 
            ISSUES.  (a)  Requires the district court (court) to ensure
that each grand juror receives training regarding issues of sexual
assault, including issues related to victims and perpetrators of sexual
assault, except as provided by Subsection (b).   

(b)  Authorizes the court to excuse a grand juror from training if the
court finds       that the juror is unlikely to address sexual assault
issues during the juror's term       of service. 

(c)  Requires the court to adopt rules necessary to accomplish the purpose
of       this article. Requires the rules to include certain provisions. 
    
(d)  Requires the sexual assault program or other entity,  on the court 's
request and as applicable, to provide the training using a curriculum
approved by a statewide association committed to ending sexual violence in
this state.  

  (e)  Requires the curriculum to provide certain information.

SECTION 2.  (a)  Requires a district court, by October 1, 2003,  to adopt
the rules required by Article 19.43, Code of Criminal Procedure, as  added
by this Act. 
 
 (b) Makes application of this Act prospective.
  
SECTION 3.  Effective date: September 1, 2003.