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  S.B. No. 44
 
AN ACT
relating to the provision of intervention or counseling services to
certain persons who have committed family violence and to a process
for accrediting those services.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 14, Article 42.12, Code of Criminal
Procedure, as amended by Chapter 165, Acts of the 73rd Legislature,
Regular Session, 1993, Chapter 910, Acts of the 76th Legislature,
Regular Session, 1999, and Chapter 353, Acts of the 78th
Legislature, Regular Session, 2003, is amended by amending
Subsection (c) and adding Subsections (c-1) and (c-2) to read as
follows:
       (c)  If the court grants community supervision to a person
convicted of an offense involving family violence, as defined by
Section 71.004, Family Code, the court may require the defendant
[to attend], at the direction of the community supervision and
corrections department officer, to:
             (1)  attend a battering intervention and prevention
program as defined by Article 42.141;
             (2)  beginning on September 1, 2008, if the referral
option under Subdivision (1) is not available, attend a program or
counsel with a provider that has begun the accreditation process
described by Subsection (c-1); or
             (3)  if the referral option under Subdivision (1) or,
beginning on September 1, 2008, the referral option under
Subdivision (2) is not available, attend counseling sessions for
the elimination of violent behavior with a licensed counselor,
social worker, or other professional who has completed [been
trained in] family violence intervention training that the
community justice assistance division of the Texas Department of
Criminal Justice has approved, after consultation with the
licensing authorities described by Chapters 152, 501, 502, 503, and
505, Occupations Code, and experts in the field of family violence
[or to attend a battering intervention and prevention program if
available that meets guidelines adopted by the community justice
assistance division of the Texas Department of Criminal Justice].
       (c-1)  Beginning on September 1, 2009, a program or provider
serving as a referral option for the courts under Subsection (c)(1)
or (2) must be accredited under Section 4A, Article 42.141, as
conforming to program guidelines under that article.
       (c-2)  If the court requires the defendant to attend
counseling or a program, the court shall require the defendant to
begin attendance not later than the 60th day after the date the
court grants community supervision, notify the community
supervision and corrections department officer of the name,
address, and phone number of the counselor or program, and report
the defendant's attendance to the officer. The court shall require
the defendant to pay all the reasonable costs of the counseling
sessions or attendance in the program on a finding that the
defendant is financially able to make payment. If the court finds
the defendant is unable to make payment, the court shall make the
counseling sessions or enrollment in the program available without
cost to the defendant. The court may also require the defendant to
pay all or a part of the reasonable costs incurred by the victim for
counseling made necessary by the offense, on a finding that the
defendant is financially able to make payment. The court may order
the defendant to make payments under this subsection for a period
not to exceed one year after the date on which the order is entered.
       SECTION 2.  Subdivision (7), Section 1, Article 42.141, Code
of Criminal Procedure, is amended to read as follows:
             (7)  "Program" means a battering intervention and
prevention program [operated by a nonprofit organization] that:
                   (A)  meets:
                         (i)  the guidelines adopted by the community
justice assistance division of the Texas Department of Criminal
Justice with the assistance of the statewide nonprofit organization
described by Section 3(1); and
                         (ii)  any other eligibility requirements
adopted by the Texas Department of Criminal Justice; and
                   (B)  provides, on a local basis to batterers
referred by the courts for intervention [treatment], [treatment
and] educational services and intervention designed to help the
batterers stop their abusive behavior.
       SECTION 3.  Article 42.141, Code of Criminal Procedure, is
amended by amending Sections 3 and 4 and adding Section 4A to read
as follows:
       Sec. 3.  DUTIES OF THE DIVISION.  The division shall:
             (1)  contract with a nonprofit organization that for
the five-year period before the date on which a contract is to be
signed has been involved in providing to shelter centers, law
enforcement agencies, and the legal community statewide advocacy
and technical assistance relating to family violence, with the
contract requiring the nonprofit organization to perform the duties
described in Section (4) of this article;
             (2)  seek the input of the statewide nonprofit
organization described in Subdivision (1) [of this section] in the
development of standards for selection of programs for inclusion in
the project and the review of proposals submitted by programs;
             (3)  issue requests for proposals for the programs and
an educational campaign not later than January 1, 1990;
             (4)  award contracts for programs that are operated by
nonprofit organizations and that take into consideration:
                   (A)  a balanced geographical distribution of
urban, rural, and suburban models; and
                   (B)  the presence of a responsive law enforcement
climate in the community;
             (5)  develop and monitor the project in cooperation
with the nonprofit organization described by Subdivision (1);
             (6)  monitor the development of a community educational
campaign in cooperation with the nonprofit organization described
by Subdivision (1);
             (7)  assist the nonprofit organization described by
Subdivision (1) in designing program evaluations and research
activities; [and]
             (8)  facilitate training of probation officers and
other criminal justice professionals by the nonprofit organization
described by Subdivision (1) and by programs;
             (9)  seek the assistance of the nonprofit organization
described by Subdivision (1) in developing program guidelines and
in accrediting programs and providers providing battering
intervention and prevention services as conforming to those
guidelines; and
             (10)  before adopting program guidelines under Section
4A:
                   (A)  notify the licensing authorities described
by Chapters 152, 501, 502, 503, and 505, Occupations Code, that the
division is considering adopting program guidelines; and
                   (B)  invite the licensing authorities to comment
on the program guidelines.
       Sec. 4.  DUTIES OF THE NONPROFIT ORGANIZATION.  The
nonprofit organization with which the division contracts under
Section 3(1) shall:
             (1)  assist the division in developing and issuing
requests for proposals for the programs and the educational
campaign;
             (2)  assist the division in reviewing the submitted
proposals and making recommendations for proposals to be selected
for funding;
             (3)  develop and monitor the project in cooperation
with the division;
             (4)  provide technical assistance to programs to:
                   (A)  develop appropriate services for batterers;
                   (B)  train staff;
                   (C)  improve coordination with shelter centers,
the criminal justice system, the judiciary, law enforcement
agencies, prosecutors, and other appropriate officials and support
services;
                   (D)  implement the community educational
campaign; and
                   (E)  participate in project administered program
evaluation and research activities;
             (5)  provide technical assistance to the division to:
                   (A)  develop and implement standards for
selection of programs for inclusion in the project; and
                   (B)  develop standards for selection of the
community educational campaign described in Section 6 of this
article;
             (6)  submit an annual written report to the division
and to the legislature with recommendations for continuation,
elimination, or changes in the project; [and]
             (7)  evaluate the programs and the community
educational campaign, including an analysis of the effectiveness of
the project and the level of public awareness relating to family
violence; and
             (8)  assist the division in developing program
guidelines and in accrediting programs and providers providing
battering intervention and prevention services as conforming to
those guidelines.
       Sec. 4A.  ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION
PROCESS.  With the assistance of the statewide nonprofit
organization described by Section 3(1) and after notifying the
licensing authorities described by Section 3(10), the division
shall adopt guidelines for programs and shall accredit programs and
providers providing battering intervention and prevention services
as conforming to those guidelines.  The division shall collect from
each program or provider that applies for accreditation under this
section a one-time application fee in an amount set by the Texas
Department of Criminal Justice.
       SECTION 4.  Section 85.022, Family Code, is amended by
amending Subsection (a) and by adding Subsection (a-1) to read as
follows:
       (a)  In a protective order, the court may order the person
found to have committed family violence to perform acts specified
by the court that the court determines are necessary or appropriate
to prevent or reduce the likelihood of family violence and may order
that person to:
             (1)  complete a battering intervention and prevention
program accredited under [as provided by] Article 42.141, Code of
Criminal Procedure[, and that meets the guidelines adopted by the
community justice assistance division of the Texas Department of
Criminal Justice if a program is available];
             (2)  beginning on September 1, 2008, if the referral
option under Subdivision (1) is not available, complete a program
or counsel with a provider that has begun the accreditation process
described by Subsection (a-1); or
             (3)  if the referral option under Subdivision (1) or,
beginning on September 1, 2008, the referral option under
Subdivision (2) is not available, counsel with a social worker,
family service agency, physician, psychologist, licensed
therapist, or licensed professional counselor who has completed
family violence intervention training that the community justice
assistance division of the Texas Department of Criminal Justice has
approved, after consultation with the licensing authorities
described by Chapters 152, 501, 502, 503, and 505, Occupations
Code, and experts in the field of family violence [if a program
under Subdivision (1) is not available; or
             [(3)  perform acts specified by the court that the
court determines are necessary or appropriate to prevent or reduce
the likelihood of family violence].
       (a-1)  Beginning on September 1, 2009, a program or provider
serving as a referral option for the courts under Subsection (a)(1)
or (2) must be accredited under Section 4A, Article 42.141, Code of
Criminal Procedure, as conforming to program guidelines under that
article.
       SECTION 5.  Subsection (a), Section 85.024, Family Code, is
amended to read as follows:
       (a)  A person found to have engaged in family violence who is
ordered to attend a program or counseling under Section
85.022(a)(1), [or] (2), or (3) shall file with the court an
affidavit before the 60th day after the date the order was rendered
stating either that the person has begun the program or counseling
or that a program or counseling is not available within a reasonable
distance from the person's residence. A person who files an
affidavit that the person has begun the program or counseling shall
file with the court before the date the protective order expires a
statement that the person completed the program or counseling not
later than the 30th day before the expiration date of the protective
order. An affidavit under this subsection must be accompanied by a
letter, notice, or certificate from the program or counselor that
verifies the person's completion of the program or counseling. A
person who fails to comply with this subsection may be punished for
contempt of court under Section 21.002, Government Code.
       SECTION 6.  (a)  The changes in law made by Sections 1, 4,
and 5 of this Act apply only to a court order granting community
supervision or a protective order or a modification of the order
that is rendered on or after the effective date of this Act. A court
order granting community supervision or a protective order or a
modification of the order that is rendered before the effective
date of this Act is governed by the law in effect on the date the
order or modification was rendered, and the former law is continued
in effect for that purpose.
       (b)  Not later than April 1, 2008, the community justice
assistance division of the Texas Department of Criminal Justice
shall adopt the guidelines required by Section 4A, Article 42.141,
Code of Criminal Procedure, as added by this Act.
       SECTION 7.  In implementing this Act, the Texas Department
of Criminal Justice may not use any funds specifically appropriated
by the legislature for a statewide allocation of grants to local
nonprofit organizations for battering intervention and prevention
programs.
       SECTION 8.  This Act takes effect September 1, 2007.
______________________________    ______________________________
President of the Senate             Speaker of the House
       I hereby certify that S.B. No. 44 passed the Senate on
April 4, 2007, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 3, 2007, by the
following vote: Yeas 30, Nays 0.
______________________________ 
   Secretary of the Senate
       I hereby certify that S.B. No. 44 passed the House, with
amendment, on May 1, 2007, by the following vote: Yeas 145,
Nays 0, one present not voting.
______________________________ 
   Chief Clerk of the House
Approved:
______________________________ 
______________________________ 
            Date
______________________________ 
______________________________ 
          Governor