By: Armbrister S.B. No. 1245
(In the Senate - Filed March 12, 2003; March 19, 2003, read
first time and referred to Committee on Criminal Justice;
May 7, 2003, reported favorably by the following vote: Yeas 4,
Nays 0; May 7, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the governance of the Crime Victims' Institute.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 412, Government Code, is transferred to
Subchapter D, Chapter 96, Education Code, redesignated as Sections
96.65, 96.651, and 96.652, and amended to read as follows:
[CHAPTER 412. CRIME VICTIMS' INSTITUTE AND CRIME VICTIMS'
INSTITUTE ADVISORY COUNCIL
[SUBCHAPTER A. GENERAL PROVISIONS]
Sec. 96.65 [412.001]. CRIME VICTIMS' INSTITUTE [DEFINITIONS].
(a) In this section [chapter]:
(1) ["Advisory council" means the Crime Victims'
Institute Advisory Council.
[(2)] "Close relative of a deceased victim" has the
meaning assigned by Article 56.01, Code of Criminal Procedure.
(2) [(3)] "Guardian of a victim" has the meaning
assigned by Article 56.01, Code of Criminal Procedure.
(3) [(4)] "Institute" means the Crime Victims'
Institute.
(4) [(5) "Service provider" means an individual or
organization that provides assistance to victims, close relatives
of deceased victims, or guardians of victims.
[(6)] "Victim" has the meaning assigned by Article
56.01, Code of Criminal Procedure.
(b) [Sec. 412.002. LEGISLATIVE INTENT.] It is the intent
of the legislature to create an institute to:
(1) compile and study information concerning the
impact of crime on:
(A) victims;
(B) close relatives of deceased victims;
(C) guardians of victims; and
(D) society;
(2) use information compiled by the institute to
evaluate the effectiveness of criminal justice policy and juvenile
justice policy in preventing the victimization of society by crime;
(3) develop policies to assist the criminal justice
system and the juvenile justice system in preventing the
victimization of society by crime; and
(4) provide information related to the studies of the
institute.
(c) [SUBCHAPTER B. CRIME VICTIMS' INSTITUTE
[Sec. 412.011. GENERAL PROVISION.] The headquarters of the
institute are at Sam Houston State University in Huntsville, Texas.
The institute is under the supervision and direction of the
president of Sam Houston State University [Crime Victims' Institute
is created in the office of the attorney general].
(d) [Sec. 412.012. DUTIES OF INSTITUTE.] The institute
shall:
(1) conduct an in-depth analysis of the impact of
crime on:
(A) victims;
(B) close relatives of deceased victims;
(C) guardians of victims; and
(D) society;
(2) evaluate the effectiveness of and deficiencies in
the criminal justice system and the juvenile justice system in
addressing the needs of victims, close relatives of deceased
victims, and guardians of victims and recommend strategies to
address the deficiencies of each system;
(3) determine the long-range needs of victims, close
relatives of deceased victims, and guardians of victims as the
needs relate to the criminal justice system and the juvenile
justice system and recommend changes for each system;
(4) assess the cost-effectiveness of existing
policies and programs in the criminal justice system and the
juvenile justice system relating to victims, close relatives of
deceased victims, and guardians of victims;
(5) make general recommendations for improving the
service delivery systems for victims in the State of Texas;
(6) advise and assist the legislature in developing
plans, programs, and legislation for improving the effectiveness of
the criminal justice system and juvenile justice system in
addressing the needs of victims, close relatives of deceased
victims, and guardians of victims;
(7) make computations of daily costs and compare
interagency costs on victims' services provided by agencies that
are a part of the criminal justice system and the juvenile justice
system;
(8) determine the costs to attorneys representing the
state of performing statutory and constitutional duties relating to
victims, close relatives of deceased victims, or guardians of
victims;
(9) make statistical computations for use in planning
for the long-range needs of the criminal justice system and the
juvenile justice system as those needs relate to victims, close
relatives of deceased victims, and guardians of victims;
(10) determine the long-range information needs of the
criminal justice system and the juvenile justice system as those
needs relate to victims, close relatives of deceased victims, and
guardians of victims;
(11) enter into a memorandum of understanding with the
Texas Crime Victim Clearinghouse to provide training and education
related to the outcome of research and duties as conducted under
Subdivisions (1)-(10);
(12) issue periodic reports to the attorney general
and the legislature on the progress toward accomplishing the duties
of the institute; and
(13) engage in other research activities consistent
with the duties of the institute.
(e) [Sec. 412.013. INTERAGENCY COOPERATION. (a)] The
institute shall cooperate with the Criminal Justice Policy Council
in performing the duties of the institute.
(f) [(b)] The institute may enter into memoranda of
understanding with state agencies in performing the duties of the
institute.
(g) [(c)] Local law enforcement agencies shall cooperate
with the institute by providing to the institute access to
information that is necessary for the performance of the duties of
the institute.
(h) [Sec. 412.014. PERSONNEL.] The president of Sam
Houston State University [attorney general] may employ personnel as
necessary to perform the duties of the institute.
(i) [Sec. 412.015. CONTRACTUAL AUTHORITY. (a) The
attorney general may contract with public or private entities in
the performance of the duties of the institute.
[(b)] The institute may contract with public or private
entities in the performance of the duties of the institute.
(j) [Sec. 412.016. GIFTS, GRANTS, DONATIONS,
APPROPRIATIONS. (a)] The [attorney general or the] institute may
accept gifts, grants, donations, or matching funds from a public or
private source for the performance of the duties of the institute.
[(b)] The legislature may appropriate money to the
institute to finance the performance of the duties of the
institute.
[(c)] Money and appropriations received by [the attorney
general or] the institute under this subsection [section] shall be
deposited as provided by Section 96.652 [412.081].
[SUBCHAPTER C. CRIME VICTIMS' INSTITUTE ADVISORY COUNCIL]
Sec. 96.651 [412.051]. CRIME VICTIMS' INSTITUTE [CREATION
AND COMPOSITION OF] ADVISORY COUNCIL. (a) In this section:
(1) "Advisory council" means the Crime Victims'
Institute Advisory Council.
(2) "Victim" has the meaning assigned by Article
56.01, Code of Criminal Procedure.
(b) The Crime Victims' Institute Advisory Council is
created as an advisory council to the Crime Victims' Institute
[institute].
(c) [(b)] The advisory council is composed of the attorney
general and the following individuals, each of whom is appointed by
the governor [attorney general]:
(1) a victim;
(2) a member of the house of representatives;
(3) a member of the senate;
(4) a county judge or district judge whose primary
responsibility is to preside over criminal cases;
(5) a district attorney, criminal district attorney,
county attorney who prosecutes felony offenses, or county attorney
who prosecutes mostly criminal cases;
(6) a law enforcement officer;
(7) a crime victims' assistance coordinator;
(8) a crime victims' liaison;
(9) a mental health professional with substantial
experience in the care and treatment of victims;
(10) a person with broad knowledge of sexual assault
issues;
(11) a person with broad knowledge of domestic
violence issues;
(12) a person with broad knowledge of child abuse
issues;
(13) a person with broad knowledge of issues relating
to the intoxication offenses described by Chapter 49, Penal Code;
(14) a person with broad knowledge of homicide issues;
(15) a person with broad knowledge of research
methods; and
(16) a designee of the governor.
(d) [(c)] The advisory council shall select a presiding
officer from among the council members and other officers that the
council considers necessary.
(e) [Sec. 412.052. MEETINGS.] The advisory council shall
meet at the call of the presiding officer.
(f) Appointed [Sec. 412.053. TENURE OF MEMBERS. The]
members of the advisory council serve for staggered two-year terms,
with the terms of eight of the members expiring on January 31 of
each even-numbered year and the terms of eight [seven] members
expiring on January 31 of each odd-numbered year.
(g) [Sec. 412.054. SERVICE ADDITIONAL DUTY OF OFFICE.]
Service on the advisory council by a public officer or employee is
an additional duty of the office or employment.
(h) [Sec. 412.055. COMPENSATION AND REIMBURSEMENT.] A
member of the advisory council serves without compensation for
service on the council but may be reimbursed for actual and
necessary expenses incurred while performing council duties.
(i) [Sec. 412.056. APPOINTMENT OF OTHER ADVISORY BODIES.]
The advisory council may establish advisory task forces or
committees that the council considers necessary to accomplish the
purposes of this section and Sections 96.65 and 96.652 [chapter].
(j) [Sec. 412.057. DUTIES OF ADVISORY COUNCIL.] The
advisory council shall advise the Crime Victims' Institute
[institute] on issues relating directly to the duties of the
institute as set forth under Section 96.65(d) [412.012].
[SUBCHAPTER D. CRIME VICTIMS' INSTITUTE ACCOUNT]
Sec. 96.652 [412.081]. CRIME VICTIMS' INSTITUTE ACCOUNT;
AUDIT; REPORT. (a) The Crime Victims' Institute account is an
account in the general revenue fund.
(b) The Crime Victims' Institute [attorney general] may use
funds from the Crime Victims' Institute account to carry out the
purposes of this section and Sections 96.65 and 96.651 [chapter].
(c) The comptroller shall deposit the funds received under
Section 96.65 [this chapter] to the credit of the Crime Victims'
Institute account.
(d) Funds spent are subject to audit by the state auditor.
(e) [Section 403.094 does not apply to funds collected under
this chapter.
[Sec. 412.082. ANNUAL REPORT. (a)] The Crime Victims'
Institute [institute] shall file annually with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report accounting for all funds received and
disbursed by the institute during the preceding year.
[(b)] The form of the annual report and the reporting time
shall be as provided by the General Appropriations Act.
[(c)] The Crime Victims' Institute [institute] shall
determine the format and contents of the report and may have copies
of the report printed for distribution as the institute considers
appropriate.
SECTION 2. Subsection (b), Article 56.54, Code of Criminal
Procedure, is amended to read as follows:
(b) Except as provided by Subsections (h), (i), (j), and (k)
and Article 56.541, the compensation to victims of crime fund may be
used only by the attorney general for the payment of compensation to
claimants or victims under this subchapter. For purposes of this
subsection, compensation to claimants or victims includes money
allocated from the fund to[,] the [operation of the] Crime Victims'
Institute created by Section 96.65 [Chapter 412], Education
[Government] Code, for the operation of the institute and for other
expenses in administering this subchapter. The institute shall use
money allocated from the fund only for the purposes of Sections
96.65, 96.651, and 96.652, Education Code.
SECTION 3. Section 411.130, Government Code, is amended to
read as follows:
Sec. 411.130. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION; CRIME VICTIMS' INSTITUTE. The Crime Victims'
Institute is entitled to obtain from the department criminal
history record information maintained by the department that the
institute believes is necessary for the performance of the duties
of the institute under Section 96.65, Education Code [Chapter 412].
SECTION 4. (a) The terms of the current members of the
Crime Victims' Institute Advisory Council expire on the effective
date of this Act.
(b) As soon as practicable after the effective date of this
Act, the governor shall appoint new members to the Crime Victims'
Institute Advisory Council, as provided by Section 96.651,
Education Code, as added by this Act. The terms of eight members,
determined by lot, expire January 31, 2005. The terms of eight
members, determined by lot, expire January 31, 2006.
SECTION 5. On the effective date of this Act:
(1) all powers, duties, and obligations relating to
the Crime Victims' Institute are transferred from the attorney
general to Sam Houston State University;
(2) all property in the custody of the attorney
general and the original or a copy of any record that relates to the
Crime Victims' Institute are transferred to the university;
(3) all unexpended appropriations to the attorney
general for the operation of the Crime Victims' Institute are
transferred to the university; and
(4) all rules, standards, and specifications of the
attorney general relating to the operation of the Crime Victims'
Institute remain in effect as rules, standards, and specifications
of Sam Houston State University unless superseded by the president
of the university.
SECTION 6. This Act takes effect September 1, 2003.
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