88R17152 JTZ-F
 
  By: Alvarado, et al. S.B. No. 855
 
  (Hull, Leach, Johnson of Dallas, Vasut, Moody)
 
  Substitute the following for S.B. No. 855:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to judicial training requirements regarding family
  violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.110, Government Code, is amended by
  amending Subsections (b) and (d) and adding Subsection (d-2) to
  read as follows:
         (b)  The court of criminal appeals shall adopt the rules
  necessary to accomplish the purposes of this section. The rules
  must require:
               (1)  each district judge, judge of a statutory county
  court, associate judge appointed under Chapter 54A of this code or
  Chapter 201, Family Code, master, referee, and magistrate [to
  complete at least 12 hours of the training] within the judge's first
  term of office or the judicial officer's first four years of service
  to complete and provide [a method for] certification of completion
  of 12 hours of [that] training that include at least:
                     (A)  [. At least] four hours [of the training must
  be] dedicated to issues related to trafficking of persons and child
  abuse and neglect that cover [and must cover] at least two of the
  topics described in Subsections (d)(8)-(12);
                     (B)  [. At least] six hours [of the training must
  be] dedicated to the training described by Subsections (d)(5), (6),
  and (7); and
                     (C)  one hour dedicated to the training described
  by Subsection (d)(13);
               (2)  [. The rules must require] each judge and judicial
  officer [to complete an additional five hours of training] during
  each additional term in office or four years of service to complete
  and provide certification of completion of an additional five hours
  of training that include at least:
                     (A)  [. At least] two hours [of the additional
  training must be] dedicated to the training described by
  Subsections (d)(11) and (12); and
                     (B)  one hour dedicated to the training described
  by Subsection (d)(13); and
               (3)  each judge of a court with primary responsibility
  for family law or family violence matters to complete and provide
  certification of completion of an additional hour of training
  described by Subsection (d)(13) every two years [issues related to
  trafficking of persons and 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, trafficking of persons, or child abuse and
  neglect].
         (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, trafficking of
  persons, and child abuse and neglect;
               (4)  methods for providing protection for victims of
  family violence, sexual assault, trafficking of persons, and 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;
               (7)  dynamics and effects of being a victim of [family
  violence,] sexual assault, trafficking of persons, 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
  trafficking of persons and child abuse and neglect; [and]
               (12)  medical findings regarding physical abuse,
  sexual abuse, trafficking of persons, and child abuse and neglect;
  and
               (13)  dynamics of family violence.
         (d-2)  The training described by Subsection (d)(13) must be
  developed in consultation with a statewide family violence advocacy
  organization.
         SECTION 2.  (a) Not later than December 1, 2023, the Texas
  Court of Criminal Appeals shall adopt the rules necessary to
  provide the training required under Section 22.110, Government
  Code, as amended by this Act.
         (b)  Notwithstanding Section 22.110, Government Code, as
  amended by this Act, a judge, master, referee, or magistrate who is
  in office on the effective date of this Act must 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.  This Act takes effect September 1, 2023.