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78R4025 KEL-D
By: Gallego H.B. No. 1976
A BILL TO BE ENTITLED
AN ACT
relating to the provision of intervention or counseling services to
certain persons who have committed family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 14, Article 42.12, Code of Criminal
Procedure, as amended by Chapter 165, Acts of the 73rd Legislature,
Regular Session, 1993, and Chapter 910, Acts of the 76th
Legislature, Regular Session, 1999, is amended by amending
Subsection (c) and adding Subsections (c-1) and (c-2) to read as
follows:
(c) If the court grants community supervision to a person
convicted of an offense involving family violence, as defined by
Section 71.004, Family Code, the court may require the defendant
[to attend], at the direction of the community supervision and
corrections department officer, to:
(1) attend a battering intervention and prevention
program defined by Article 42.141;
(2) beginning on March 1, 2004, if the referral option
under Subdivision (1) is not available, attend a program or counsel
with a provider that has begun the accreditation process described
by Subsection (c-1); or
(3) if the referral option under Subdivision (1) or,
beginning on March 1, 2004, the referral option under Subdivision
(2) is not available, attend counseling sessions for the
elimination of violent behavior with a licensed counselor, social
worker, or other professional who has completed [been trained in]
family violence intervention training consisting of an initial 40
hours of training followed by an annual 12 hours of continuing
education [or to attend a battering intervention and prevention
program if available that meets guidelines adopted by the community
justice assistance division of the Texas Department of Criminal
Justice].
(c-1) Beginning on September 1, 2005, a program or provider
serving as a referral option for the courts under Subsection
(c)(1), (2), or (3) must be accredited under Section 4, Article
42.141, as conforming to program guidelines under that article.
(c-2) If the court requires the defendant to attend
counseling or a program, the court shall require the defendant to
begin attendance not later than the 60th day after the date the
court grants community supervision, notify the community
supervision and corrections department officer of the name,
address, and phone number of the counselor or program, and report
the defendant's attendance to the officer. The court shall require
the defendant to pay all the reasonable costs of the counseling
sessions or attendance in the program on a finding that the
defendant is financially able to make payment. If the court finds
the defendant is unable to make payment, the court shall make the
counseling sessions or enrollment in the program available without
cost to the defendant. The court may also require the defendant to
pay all or a part of the reasonable costs incurred by the victim for
counseling made necessary by the offense, on a finding that the
defendant is financially able to make payment. The court may order
the defendant to make payments under this subsection for a period
not to exceed one year after the date on which the order is entered.
SECTION 2. Section 1(7), Article 42.141, Code of Criminal
Procedure, is amended to read as follows:
(7) "Program" means a battering intervention and
prevention program [operated by a nonprofit organization] that:
(A) meets the guidelines that are adopted by the
community justice assistance division of the Texas Department of
Criminal Justice with the assistance of the statewide nonprofit
organization described by Section 3(1) of this article, and any
other eligibility requirements adopted by the Texas Department of
Criminal Justice; and
(B) provides, on a local basis to batterers
referred by the courts for intervention [treatment], [treatment
and] educational services and intervention designed to help the
batterers stop their abusive behavior.
SECTION 3. Article 42.141, Code of Criminal Procedure, is
amended by amending Sections 3 and 4 and adding Section 4A to read
as follows:
Sec. 3. DUTIES OF THE DIVISION. The division shall:
(1) contract with a nonprofit organization that for
the five-year period before the date on which a contract is to be
signed has been involved in providing to shelter centers, law
enforcement agencies, and the legal community statewide advocacy
and technical assistance relating to family violence, with the
contract requiring the nonprofit organization to perform the duties
described in Section (4) of this article;
(2) seek the input of the statewide nonprofit
organization described in Subdivision (1) of this section in the
development of standards for selection of programs for inclusion in
the project and the review of proposals submitted by programs;
(3) issue requests for proposals for the programs and
an educational campaign not later than January 1, 1990;
(4) award contracts for programs that take into
consideration:
(A) a balanced geographical distribution of
urban, rural, and suburban models; and
(B) the presence of a responsive law enforcement
climate in the community;
(5) develop and monitor the project in cooperation
with the nonprofit organization;
(6) monitor the development of a community educational
campaign in cooperation with the nonprofit organization;
(7) assist the nonprofit organization in designing
program evaluations and research activities; [and]
(8) facilitate training of probation officers and
other criminal justice professionals by the nonprofit organization
and by programs; and
(9) seek the assistance of the nonprofit organization
in developing program guidelines and in accrediting programs and
providers providing battering intervention and prevention services
as conforming to those guidelines.
Sec. 4. DUTIES OF THE NONPROFIT ORGANIZATION. The
nonprofit organization with which the division contracts shall:
(1) assist the division in developing and issuing
requests for proposals for the programs and the educational
campaign;
(2) assist the division in reviewing the submitted
proposals and making recommendations for proposals to be selected
for funding;
(3) develop and monitor the project in cooperation
with the division;
(4) provide technical assistance to programs to:
(A) develop appropriate services for batterers;
(B) train staff;
(C) improve coordination with shelter centers,
the criminal justice system, the judiciary, law enforcement
agencies, prosecutors, and other appropriate officials and support
services;
(D) implement the community educational
campaign; and
(E) participate in project administered program
evaluation and research activities;
(5) provide technical assistance to the division to:
(A) develop and implement standards for
selection of programs for inclusion in the project; and
(B) develop standards for selection of the
community educational campaign described in Section 6 of this
article;
(6) submit an annual written report to the division
and to the legislature with recommendations for continuation,
elimination, or changes in the project; [and]
(7) evaluate the programs and the community
educational campaign, including an analysis of the effectiveness of
the project and the level of public awareness relating to family
violence; and
(8) assist the division in developing program
guidelines and in accrediting programs and providers providing
battering intervention and prevention services as conforming to
those guidelines.
Sec. 4A. ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION
PROCESS. With the assistance of the statewide nonprofit
organization described by Section 3(1) of this article, the
division shall adopt guidelines for programs and shall accredit
programs and providers providing battering intervention and
prevention services as conforming to those guidelines. The
division shall collect a one-time application fee of $500 from each
program or provider that applies for accreditation under this
section.
SECTION 4. Section 85.022, Family Code, is amended by
amending Subsection (a) and by adding Subsection (a-1) to read as
follows:
(a) In a protective order, the court may order the person
found to have committed family violence to perform acts specified
by the court that the court determines are necessary or appropriate
to prevent or reduce the likelihood of family violence and may order
that person to:
(1) complete a battering intervention and prevention
program as defined [provided] by Article 42.141, Code of Criminal
Procedure[, and that meets the guidelines adopted by the community
justice assistance division of the Texas Department of Criminal
Justice if a program is available];
(2) beginning on March 1, 2004, if the referral option
under Subdivision (1) is not available, complete a program or
counsel with a provider that has begun the accreditation process
described by Subsection (a-1); or
(3) if the referral option under Subdivision (1) or,
beginning on March 1, 2004, the referral option under Subdivision
(2) is not available, counsel with a social worker, family service
agency, physician, psychologist, licensed therapist, or licensed
professional counselor who has completed family violence
intervention training consisting of an initial 40 hours of training
followed by an annual 12 hours of continuing education [if a program
under Subdivision (1) is not available; or
[(3) perform acts specified by the court that the
court determines are necessary or appropriate to prevent or reduce
the likelihood of family violence].
(a-1) Beginning on September 1, 2005, a program or provider
serving as a referral option for the courts under Subsection
(a)(1), (2), or (3) must be accredited under Section 4, Article
42.141, Code of Criminal Procedure, as conforming to program
guidelines under that article.
SECTION 5. Section 85.024(a), Family Code, is amended to
read as follows:
(a) A person found to have engaged in family violence who is
ordered to attend a program or counseling under Section
85.022(a)(1), [or] (2), or (3) shall file with the court an
affidavit before the 60th day after the date the order was rendered
stating either that the person has begun the program or counseling
or that a program or counseling is not available within a reasonable
distance from the person's residence. A person who files an
affidavit that the person has begun the program or counseling shall
file with the court before the date the protective order expires a
statement that the person completed the program or counseling not
later than the 30th day before the expiration date of the protective
order. An affidavit under this subsection must be accompanied by a
letter, notice, or certificate from the program or counselor that
verifies the person's completion of the program or counseling. A
person who fails to comply with this subsection may be punished for
contempt of court under Section 21.002, Government Code.
SECTION 6. This Act takes effect September 1, 2003, and
applies only to a court order granting community supervision or a
protective order or a modification of the order that is rendered on
or after that date. A court order granting community supervision or
a protective order or a modification of the order that is rendered
before the effective date of this Act is governed by the law in
effect on the date the order or modification was rendered, and the
former law is continued in effect for that purpose.