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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, Government Code, is amended by |
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amending Subsections (b) and (d) and adding Subsection (d-2) to |
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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 require: |
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(1) each district judge, judge of a statutory county |
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court, associate judge appointed under Chapter 54A of this code or |
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Chapter 201, Family Code, master, referee, and magistrate [to |
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complete at least 12 hours of the training] within the judge's first |
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term of office or the judicial officer's first four years of service |
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to complete and provide [a method for] certification of completion |
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of 12 hours of [that] training that include at least: |
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(A) [. At least] four hours [of the training must |
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be] dedicated to issues related to trafficking of persons and child |
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abuse and neglect that cover [and must cover] at least two of the |
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topics described in Subsections (d)(8)-(12); |
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(B) [. At least] six hours [of the training must |
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be] dedicated to the training described by Subsections (d)(5), (6), |
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and (7); and |
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(C) one hour dedicated to the training described |
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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 to complete |
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and provide certification of completion of an additional five hours |
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of training that include at least: |
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(A) [. 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) one hour dedicated to the training described |
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by Subsection (d)(13); and |
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(3) each judge of a court with primary responsibility |
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for family law or family violence matters to complete and provide |
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certification of completion of an additional hour of training |
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described by Subsection (d)(13) every two years [issues related to |
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trafficking of persons and child abuse and neglect. The rules must |
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exempt from the training requirement of this subsection each judge |
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or judicial officer who files an affidavit stating that the judge or |
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judicial officer does not hear any cases involving family violence, |
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sexual assault, trafficking of persons, or child abuse and |
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neglect]. |
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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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and |
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(13) dynamics of family violence. |
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(d-2) The training described by Subsection (d)(13) must be |
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developed in 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 855 passed the Senate on |
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April 20, 2023, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 16, 2023, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 855 passed the House, with |
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amendment, on May 11, 2023, by the following vote: Yeas 134, |
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Nays 6, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |