80R10918 MCK-D
 
  By: Hartnett H.B. No. 3505
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to requirements for judicial training on issues regarding
family violence, sexual assault, and child abuse and neglect.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  The heading to Section 22.110, Government Code,
is amended to read as follows:
       Sec. 22.110.  JUDICIAL INSTRUCTION RELATED TO FAMILY
VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE AND NEGLECT.
       SECTION 2.  Section 22.110, Government Code, is amended by
amending Subsections (a), (b), (c), and (d) and adding Subsection
(d-1) to read as follows:
       (a)  The court of criminal appeals shall assure that judicial
training related to the problems of family violence, sexual
assault, and child abuse and neglect is provided.
       (b)  The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54 of this code or
Chapter 201, Family Code, master, referee, and magistrate to
complete at least 10 [eight] hours of the training within the
judge's first term of office or the judicial officer's first four
years of service and provide a method for certification of
completion of that training. At least two hours of the training
must be dedicated to issues related to child abuse and neglect and
must cover at least two of the topics described in Subsection (d).
At least six hours of the training must be dedicated to the training
described by Subsections (d)(5), (6), and (7). The rules must
require each judge and judicial officer to complete an additional
four [three] hours of training during each additional term in
office or four years of service. At least one hour of the
additional training must be dedicated to issues related to child
abuse and neglect. The rules must exempt from the training
requirement of this subsection each judge or judicial officer who
files an affidavit stating that the judge or judicial officer does
not hear any cases involving family violence, sexual assault, or
child abuse and neglect.
       (c)  In adopting the rules, the court of criminal appeals may
consult with the supreme court and with professional groups and
associations in the state that have expertise in the subject matter
to obtain the recommendations of those groups or associations for
instruction content.
       (d)  The instruction must include information about:
             (1)  statutory and case law relating to videotaping a
child's testimony and relating to competency of children to
testify;
             (2)  methods for eliminating the trauma to the child
caused by the court process;
             (3)  case law, statutory law, and procedural rules
relating to family violence, sexual assault, and child abuse and
neglect;
             (4)  methods for providing protection for victims of
family violence, sexual assault, and [or] child abuse and neglect;
             (5)  available community and state resources for
counseling and other aid to victims and to offenders;
             (6)  gender bias in the judicial process; [and]
             (7)  dynamics and effects of being a victim of family
violence, sexual assault, or child abuse and neglect;
             (8)  dynamics of sexual abuse of children, including
child abuse accommodation syndrome and grooming;
             (9)  impact of substance abuse on an unborn child and on
a person's ability to care for a child;
             (10)  issues of attachment and bonding between children
and caregivers;
             (11)  issues of child development that pertain to child
abuse and neglect; and
             (12)  medical findings regarding physical abuse,
sexual abuse, and child abuse and neglect.
       (d-1)  The sponsoring organization for any training on
issues related to child abuse and neglect must have at least three
years' experience in training professionals on child abuse and
neglect issues and have personnel or planning committee members who
have at least five years' experience in working directly in the
field of child abuse and neglect prevention and treatment.
       SECTION 3.  The change in law made by this Act to Section
22.110, Government Code, regarding the training required in the
first term or first four years of office applies only to a judge or
judicial officer who has not completed the initial training related
to family violence, sexual assault, and child abuse and neglect
required by that section before September 1, 2007.
       SECTION 4.  This Act takes effect September 1, 2007.