79R4965 RMB-D


By:  Gonzalez Toureilles, Allen of Dallas                         H.B. No. 2711


A BILL TO BE ENTITLED
AN ACT
relating to the provision of intervention or counseling services to certain persons who have committed family violence and to a process for accrediting those services. 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, Chapter 910, Acts of the 76th Legislature, Regular Session, 1999, and Chapter 353, Acts of the 78th Legislature, Regular Session, 2003, 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, 2006, 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, 2006, 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, 2007, a program or provider serving as a referral option for the courts under Subsection (c)(1), (2), or (3) must be accredited under Section 4A, 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. Subchapter D, Chapter 51, Government Code, is amended by adding Section 51.321 to read as follows: Sec. 51.321. FAMILY VIOLENCE INTERVENTION AND PREVENTION FEE. (a) The commissioners court of a county may adopt a family violence intervention and prevention fee in an amount of not less than $3 or more than $15. (b) Except as provided by Subsection (c), the district clerk shall collect the family violence intervention and prevention fee at the time a suit for dissolution of a marriage under Chapter 6, Family Code, is filed. The fee is in addition to any other fee collected by the district clerk. (c) The clerk may not collect a fee under this section from a person who is protected by an order issued under: (1) Subtitle B, Title 4, Family Code; or (2) Article 17.292, Code of Criminal Procedure. (d) The district clerk shall remit $3 of each fee collected under this section to the comptroller for deposit to the credit of the battering intervention and prevention account in the general revenue fund. The account may be used only for the accreditation of programs and providers under Article 42.141, Code of Criminal Procedure. (e) The district clerk shall pay any remaining portion of the fee collected under this section to the appropriate officer of the county in which the suit is filed for deposit in the county treasury to the credit of the family violence prevention account. The account may be used by the commissioners court of the county only to fund public or private nonprofit organizations providing shelter or services, including civil legal services, to victims of family violence. In this subsection, "family violence" has the meaning assigned by Section 71.004, Family Code. SECTION 5. 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, 2006, 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, 2006, 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, 2007, a program or provider serving as a referral option for the courts under Subsection (a)(1), (2), or (3) must be accredited under Section 4A, Article 42.141, Code of Criminal Procedure, as conforming to program guidelines under that article. SECTION 6. 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 7. Section 101.061, Government Code, is amended to read as follows: Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of a district court shall collect fees and costs as follows: (1) filing fee in action with respect to a fraudulent court record or fraudulent lien or claim filed against property (Sec. 12.005, Civil Practice and Remedies Code) . . . $15; (2) fee for service of notice of action with respect to a fraudulent court record or fraudulent lien or claim filed against property (Sec. 12.005, Civil Practice and Remedies Code) . . . not to exceed $20, if notice delivered in person, or the cost of postage, if service is by registered or certified mail; (3) court cost in certain civil cases to establish and maintain an alternative dispute resolution system, if authorized by the county commissioners court (Sec. 152.004, Civil Practice and Remedies Code) . . . not to exceed $10; (4) appellate judicial system filing fees for: (A) First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5; (B) Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5; (C) Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5; (D) Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5; and (E) Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5; (5) additional filing fees: (A) for each suit filed for insurance contingency fund, if authorized by the county commissioners court (Sec. 51.302, Government Code) . . . not to exceed $5; (B) for each civil suit filed, for court-related purposes for the support of the judiciary and for civil legal services to an indigent: (i) for family law cases and proceedings as defined by Section 25.0002, Government Code (Sec. 133.151, Local Government Code) . . . $45; or (ii) for any case other than a case described by Subparagraph (i) (Sec. 133.151, Local Government Code) . . . $50; (C) to fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec. 51.705, Government Code) . . . not more than $15; and (D) on the filing of any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee, to fund civil legal services for the indigent: (i) for family law cases and proceedings as defined by Section 25.0002, Government Code (Sec. 133.152, Local Government Code) . . . $5; or (ii) for any case other than a case described by Subparagraph (i) (Sec. 133.152, Local Government Code) . . . $10; (6) for filing a suit, including an appeal from an inferior court: (A) for a suit with 10 or fewer plaintiffs (Sec. 51.317, Government Code) . . . $50; (B) for a suit with at least 11 but not more than 25 plaintiffs (Sec. 51.317, Government Code) . . . $75; (C) for a suit with at least 26 but not more than 100 plaintiffs (Sec. 51.317, Government Code) . . . $100; (D) for a suit with at least 101 but not more than 500 plaintiffs (Sec. 51.317, Government Code) . . . $125; (E) for a suit with at least 501 but not more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or (F) for a suit with more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $200; (7) for filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition (Sec. 51.317, Government Code) . . . $15; (8) for issuing a citation or other writ or process not otherwise provided for, including one copy, when requested at the time a suit or action is filed (Sec. 51.317, Government Code) . . . $8; (9) for records management and preservation (Sec. 51.317, Government Code) . . . $10; (10) for issuing a subpoena, including one copy (Sec. 51.318, Government Code) . . . $8; (11) for issuing a citation, commission for deposition, writ of execution, order of sale, writ of execution and order of sale, writ of injunction, writ of garnishment, writ of attachment, or writ of sequestration not provided for in Section 51.317, or any other writ or process not otherwise provided for, including one copy if required by law (Sec. 51.318, Government Code) . . . $8; (12) for searching files or records to locate a cause when the docket number is not provided (Sec. 51.318, Government Code) . . . $5; (13) for searching files or records to ascertain the existence of an instrument or record in the district clerk's office (Sec. 51.318, Government Code) . . . $5; (14) for abstracting a judgment (Sec. 51.318, Government Code) . . . $8; (15) for approving a bond (Sec. 51.318, Government Code) . . . $4; (16) for a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, for each page or part of a page (Sec. 51.318, Government Code) . . . $1; (17) for a noncertified copy, for each page or part of a page (Sec. 51.318, Government Code) . . . not to exceed $1; (18) jury fee (Sec. 51.604, Government Code) . . . $30; (19) for filing a report of divorce or annulment (Sec. 194.002, Health and Safety Code) . . . $1; (20) for filing a suit in Comal County (Sec. 152.0522, Human Resources Code) . . . $4; (21) additional filing fee for family protection on filing a suit for dissolution of a marriage under Chapter 6, Family Code, if authorized by the county commissioners court (Sec. 51.961, Government Code) . . . not to exceed $15; (22) fee on filing a suit for dissolution of a marriage for services of child support department in Harris County, if authorized by the county commissioners court (Sec. 152.1074, Human Resources Code) . . . not to exceed $12; (23) fee on filing a suit requesting an adoption in Montague County (Sec. 152.1752, Human Resources Code) . . . $25; (24) court cost on citation for contempt of court for failure to comply with child support order in Nueces County, if authorized by the commissioners court (Sec. 152.1844, Human Resources Code) . . . not to exceed $10; (25) fee on filing a suit for divorce in Orange County (Sec. 152.1873, Human Resources Code) . . . not less than $5; (26) court costs on citation for contempt of court in Orange County for failure to comply with a child support order or order providing for possession of or access to a child (Sec. 152.1873, Human Resources Code) . . . amount determined by district clerk; (27) fee on filing a suit requesting an adoption in Orange County (Sec. 152.1874, Human Resources Code) . . . not less than $25; (28) fee on filing a suit requesting an adoption in Wichita County (Sec. 152.2496, Human Resources Code) . . . $100; (29) additional filing fee to fund the courthouse security fund, if authorized by the county commissioners court (Sec. 291.008, Local Government Code) . . . not to exceed $5; (30) additional filing fee for filing documents not subject to certain filing fees to fund the courthouse security fund, if authorized by the county commissioners court (Sec. 291.008, Local Government Code) . . . $1; (31) additional filing fee to fund the courthouse security fund in Webb County, if authorized by the county commissioners court (Sec. 291.009, Local Government Code) . . . not to exceed $20; (32) court cost in civil cases other than suits for delinquent taxes to fund the county law library fund, if authorized by the county commissioners court (Sec. 323.023, Local Government Code) . . . not to exceed $35; (33) when administering a case for the Rockwall County Court at Law (Sec. 25.2012, Government Code) . . . civil fees and court costs as if the case had been filed in district court; (34) at a hearing held by an associate judge in Dallas County, a court cost to preserve the record, in the absence of a court reporter, by other means (Sec. 54.509, Government Code) . . . as assessed by the referring court or associate judge; [and] (35) at a hearing held by an associate judge in Duval County, a court cost to preserve the record (Sec. 54.1151, Government Code, as added by Chapter 1150, Acts of the 78th Legislature, Regular Session, 2003) . . . as imposed by the referring court or associate judge; and (36) at the time a suit for dissolution of marriage under Chapter 6, Family Code, is filed, a family violence intervention and prevention fee, if authorized by the county commissioners court (Section 51.321, Government Code). . . not less than $3 or more than $15. SECTION 8. (a) The changes in law made by Sections 1, 5, and 6 of this Act apply 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. (b) The change in law made by Section 4 of this Act applies only to a filing fee collected for a suit for the dissolution of a marriage under Chapter 6, Family Code, on or after the effective date of this Act. A filing fee collected for a suit for the dissolution of a marriage under Chapter 6, Family Code, before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 9. This Act takes effect September 1, 2005.