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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial training requirements regarding family |
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violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.110(b), Government Code, is amended |
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to read as follows: |
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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 that cover [and must cover] at least two of |
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the 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) at least one hour dedicated to the training |
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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:; and |
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(A) at[. At] least two hours [of the additional |
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training must be] dedicated to the training described by |
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Subsections (d) (11) and (12); and |
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(B) at least one hour dedicated to the training |
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described by Subsection (d) (13). |
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(3) require each judge of a court having primary |
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responsibility for or giving preference to family law or family |
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violence matters to complete an additional hour of training |
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described by Subsection (d) (13) every two years. |
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The rules must exempt from the training requirement of |
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this subsection each judge or judicial officer who files an |
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affidavit stating that the judge or judicial officer does not hear |
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any cases involving family violence, sexual assault, trafficking of |
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persons, or 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, 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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(13) dynamics of family violence. |
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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 or 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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(d-2) The sponsoring organization for any training |
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described by Subsection (d) (13) must develop the training in |
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consultation with a statewide family violence advocacy |
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organization |
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SECTION 2. (a) Not later than December 1, 2023, the Texas |
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Court of Criminal Appeals shall adopt the rules necessary to |
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provide the training required under Section 22.110, Government |
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Code, as amended by this Act. |
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(b) Notwithstanding Section 22.110, Government Code, as |
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amended by this Act, a judge, master, referee, or 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, 2025. |
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SECTION 3. This Act takes effect September 1, 2023. |