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A BILL TO BE ENTITLED
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AN ACT
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relating to required training regarding childhood trauma for judges |
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who hear cases involving certain children and requirements for a |
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juvenile's appearance in a judicial proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Family Code, is amended by adding |
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Sections 54.12 and 54.13 to read as follows: |
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Sec. 54.12. USE OF RESTRAINTS. (a) A mechanical or |
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physical restraint may not be used on a child during a judicial |
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proceeding and any restraint must be removed before the child's |
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appearance before the court unless the court finds that the use of a |
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mechanical or physical restraint is necessary: |
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(1) to prevent physical injury to the child or |
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another; or |
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(2) because the child presents a substantial risk of |
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flight from the courtroom. |
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(b) The court shall provide the child's attorney an |
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opportunity to be heard before the court may order the use of a |
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mechanical or physical restraint. If the use of a restraint is |
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ordered, the court shall make findings of fact in support of the |
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order. |
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(c) A mechanical or physical restraint used on a child |
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during a judicial proceeding must be the least restrictive |
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restraint available that is effective to prevent physical injury to |
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the child or another or to prevent the child's flight from the |
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courtroom. |
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(d) The court shall expedite any judicial proceeding during |
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which a child is restrained and give preference to the proceeding |
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over other matters. |
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Sec. 54.13. CLOTHING DURING JUDICIAL PROCEEDING. (a) |
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During a judicial proceeding, a court shall permit a child to wear |
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clothing other than a uniform provided by a detention or |
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correctional facility. |
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(b) If at the time of the judicial proceeding the child does |
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not have access to any clothing other than a uniform provided by a |
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detention or correctional facility, the court shall provide the |
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child with appropriate clothing. |
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SECTION 2. Section 22.011, Government Code, is amended to |
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read as follows: |
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Sec. 22.011. JUDICIAL TRAINING [INSTRUCTION] RELATED TO |
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FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD |
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TRAUMA, AND CHILD ABUSE. (a) The supreme court shall provide |
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judicial training related to the problems of family violence, |
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sexual assault, trafficking of persons, childhood trauma, and child |
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abuse and to issues concerning sex offender characteristics. |
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(d) The instruction content 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, trafficking of |
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persons, and child abuse; |
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(4) methods for providing protection for victims of |
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family violence, sexual assault, trafficking of persons, or child |
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abuse; |
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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; |
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(7) dynamics and effects of being a victim of family |
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violence, sexual assault, trafficking of persons, or child abuse; |
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[and] |
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(8) issues concerning sex offender characteristics; |
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and |
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(9) if the judge hears cases involving children in the |
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conservatorship of the Department of Family and Protective Services |
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or the juvenile justice system, issues related to childhood trauma |
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and adverse childhood experiences. |
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SECTION 3. 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 TRAINING [INSTRUCTION] RELATED TO |
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FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD |
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TRAUMA, AND CHILD ABUSE AND NEGLECT. |
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SECTION 4. Sections 22.110(a), (b), and (d), Government |
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Code, are amended 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, trafficking of persons, childhood trauma, and child abuse |
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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: |
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(1) require each district judge, judge of a statutory |
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county court, associate judge appointed under Chapter 54A of this |
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code or Chapter 201, Family Code, master, referee, and magistrate |
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to complete [at least 12 hours of the training] within the judge's |
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first term of office or the judicial officer's first four years of |
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service and provide [a method for] certification of completion of |
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at least 12 hours of [that] training that includes: |
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(A) at [. At] least four hours [of the training
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must be] dedicated to issues related to trafficking of persons and |
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child abuse and neglect and covers [must cover] at least two of the |
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topics described in Subsections (d)(8)-(12); |
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(B) at [. At] least six hours [of the training
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must be] dedicated to the training described by Subsections (d)(5), |
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(6), and (7); and |
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(C) if the judge hears cases involving children |
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in the conservatorship of the Department of Family and Protective |
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Services or the juvenile justice system, at least three hours |
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dedicated to the training described by Subsection (d)(13); |
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(2) [. The rules must] require each judge and judicial |
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officer to complete [an additional five hours of training] during |
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each additional term in office or four years of service an |
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additional five hours of training that includes: |
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(A) at [. At] least two hours [of the additional
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training must be] dedicated to issues related to trafficking of |
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persons and child abuse and neglect; and |
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(B) if the judge hears cases involving children |
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in the conservatorship of the Department of Family and Protective |
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Services or the juvenile justice system, at least one hour |
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dedicated to the training described by Subsection (d)(13); and |
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(3) [. 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, |
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trafficking of persons, childhood trauma, or child abuse and |
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neglect. |
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(d) The instruction content 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, trafficking of |
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persons, and child abuse and neglect; |
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(4) methods for providing protection for victims of |
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family violence, sexual assault, trafficking of persons, and child |
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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; |
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(7) dynamics and effects of being a victim of family |
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violence, sexual assault, trafficking of persons, or child abuse |
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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 |
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trafficking of persons and child abuse and neglect; [and] |
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(12) medical findings regarding physical abuse, |
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sexual abuse, trafficking of persons, and child abuse and neglect; |
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and |
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(13) issues related to childhood trauma and adverse |
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childhood experiences. |
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SECTION 5. (a) Not later than December 1, 2019, the Supreme |
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Court of Texas shall adopt the rules necessary to provide the |
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training required under Section 22.011, Government Code, as amended |
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by this Act. |
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(b) Not later than December 1, 2019, the Texas Court of |
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Criminal Appeals shall adopt the rules necessary to provide the |
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training required under Section 22.110, Government Code, as amended |
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by this Act. |
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(c) Notwithstanding Section 22.110, Government Code, as |
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amended by this Act, a judge, master, referee, and magistrate who is |
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in office on the effective date of this Act must complete the |
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training required by Section 22.110, Government Code, as amended by |
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this Act, as applicable, not later than December 1, 2021. |
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SECTION 6. This Act takes effect September 1, 2019. |