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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for judicial training on issues regarding |
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family violence, sexual assault, and child abuse and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 22.110, Government Code, |
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is amended to read as follows: |
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Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY |
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VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE AND NEGLECT. |
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SECTION 2. Section 22.110, Government Code, is amended by |
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amending Subsections (a), (b), (c), and (d) and adding Subsection |
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(d-1) to read as follows: |
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(a) The court of criminal appeals shall assure that judicial |
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training related to the problems of family violence, sexual |
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assault, and child abuse and neglect is provided. |
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(b) The court of criminal appeals shall adopt the rules |
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necessary to accomplish the purposes of this section. The rules |
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must require each district judge, judge of a statutory county |
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court, associate judge appointed under Chapter 54 of this code or |
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Chapter 201, Family Code, master, referee, and magistrate to |
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complete at least 10 [eight] hours of the training within the |
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judge's first term of office or the judicial officer's first four |
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years of service and provide a method for certification of |
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completion of that training. At least two hours of the training |
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must be dedicated to issues related to child abuse and neglect and |
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must cover at least two of the topics described in Subsections |
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(d)(8)-(12). At least six hours of the training must be dedicated |
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to the training described by Subsections (d)(5), (6), and (7). The |
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rules must require each judge and judicial officer to complete an |
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additional four [three] hours of training during each additional |
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term in office or four years of service. At least one hour of the |
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additional training must be dedicated to issues related to child |
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abuse and neglect. The rules must exempt from the training |
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requirement of this subsection each judge or judicial officer who |
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files an affidavit stating that the judge or judicial officer does |
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not hear any cases involving family violence, sexual assault, or |
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child abuse and neglect. |
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(c) In adopting the rules, the court of criminal appeals may |
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consult with the supreme court and with professional groups and |
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associations in the state that have expertise in the subject matter |
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to obtain the recommendations of those groups or associations for |
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instruction content. |
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(d) The instruction must include information about: |
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(1) statutory and case law relating to videotaping a |
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child's testimony and relating to competency of children to |
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testify; |
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(2) methods for eliminating the trauma to the child |
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caused by the court process; |
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(3) case law, statutory law, and procedural rules |
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relating to family violence, sexual assault, and child abuse and |
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neglect; |
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(4) methods for providing protection for victims of |
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family violence, sexual assault, and [or] child abuse and neglect; |
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(5) available community and state resources for |
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counseling and other aid to victims and to offenders; |
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(6) gender bias in the judicial process; [and] |
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(7) dynamics and effects of being a victim of family |
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violence, sexual assault, or child abuse and neglect; |
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(8) dynamics of sexual abuse of children, including |
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child abuse accommodation syndrome and grooming; |
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(9) impact of substance abuse on an unborn child and on |
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a person's ability to care for a child; |
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(10) issues of attachment and bonding between children |
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and caregivers; |
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(11) issues of child development that pertain to child |
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abuse and neglect; and |
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(12) medical findings regarding physical abuse, |
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sexual abuse, and child abuse and neglect. |
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(d-1) The sponsoring organization for any training on |
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issues related to child abuse and neglect must have at least three |
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years' experience in training professionals on child abuse and |
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neglect issues and have personnel or planning committee members who |
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have at least five years' experience in working directly in the |
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field of child abuse and neglect prevention and treatment. |
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SECTION 3. The change in law made by this Act to Section |
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22.110, Government Code, regarding the training required in the |
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first term or first four years of office applies only to a judge or |
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judicial officer who has not completed the initial training related |
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to family violence, sexual assault, and child abuse and neglect |
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required by that section before September 1, 2007. |
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SECTION 4. This Act takes effect September 1, 2007. |