BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 855

88R18754 JTZ-D

By: Alvarado; LaMantia

 

Criminal Justice

 

4/5/2023

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

 What does this bill do?

 

How does the bill do it?

 

Background and Purpose:

 

(Original Author's/Sponsor's Statement of Intent)

 

C.S.S.B. 855 amends current law relating to continuing judicial training regarding family violence victims.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Texas Court of Criminal Appeals is modified in SECTION 1 (Section 22.110, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 22.110, Government Code, by amending Subsections (b) and (d) and adding Subsection (d-2), as follows:

 

(b) Requires that the rules adopted by the Texas Court of Criminal Appeals (court of criminal appeals) necessary to accomplish the purposes of Section 22.110 (Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child Abuse and Neglect):

 

(1) require each district judge, judge of a statutory county court, associate judge appointed under Chapter 54A (Associate Judges) of this code or Chapter 201 (Associate Judge), Family Code, master, referee, and magistrate to complete within the judge's first term of office or the judicial officer's first four years of service and provide certification, rather than a method for certification, of completion of at least 12 hours of training that includes certain content.

 

(2) require each judge and judicial officer to complete during each additional term in office or four years of service an additional five hours of training that includes:

 

(A) at least two hours dedicated to issues related to trafficking of persons and child abuse and neglect; and

 

(B) at least one hour dedicated to the dynamics of and effects on victims of family violence;

 

(3) require each judge of a court having primary responsibility for or giving preference to family law or family violence matters to complete an additional two hours of training every two years dedicated to the dynamics of and effects on victims of family violence; and

 

(4) makes a nonsubstantive change to this subdivision.

 

Makes nonsubstantive changes.

 

(d) Requires that the instruction include information about:

 

(1)-(10) makes no changes to these subdivisions;

 

(11)-(12) makes nonsubstantive changes to these subdivisions; and

 

(13) dynamics of family violence.

 

(d-2) Requires that the training described by Subsection (d)(13) be developed in consultation with a statewide family violence advocacy organization.

 

SECTION 2. (a) Requires the court of criminal appeals, not later than December 1, 2023, to adopt the rules necessary to provide the training required under Section 22.110, Government Code, as amended by this Act.

 

(b) Requires a judge, master, referee, or magistrate who is in office on the effective date of this Act, notwithstanding Section 22.110, Government Code, as amended by this Act, to complete the training required by Section 22.110, Government Code, as amended by this Act, as applicable, not later than December 1, 2025.

 

SECTION 3. Effective date: September 1, 2023.