| 1 | 1 | | H.B. No. 1793 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to judicial instruction for judges who hear complaints |
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| 6 | 6 | | against children alleging violations of certain misdemeanor |
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| 7 | 7 | | offenses. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 22, Government Code, is |
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| 10 | 10 | | amended by adding Section 22.1105 to read as follows: |
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| 11 | 11 | | Sec. 22.1105. JUDICIAL INSTRUCTION RELATED TO CERTAIN |
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| 12 | 12 | | ALLEGED CHILD OFFENDERS. (a) Each judge of a court with |
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| 13 | 13 | | jurisdiction to hear a complaint against a child alleging a |
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| 14 | 14 | | violation of a misdemeanor offense punishable by fine only, other |
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| 15 | 15 | | than a traffic offense or public intoxication or a violation of a |
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| 16 | 16 | | penal ordinance of a political subdivision other than a traffic |
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| 17 | 17 | | offense, shall complete a course of instruction related to |
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| 18 | 18 | | understanding relevant issues of child welfare and the Individuals |
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| 19 | 19 | | with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) |
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| 20 | 20 | | every judicial academic year that ends in a 0 or a 5. |
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| 21 | 21 | | (b) The court of criminal appeals shall adopt the rules |
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| 22 | 22 | | necessary to provide for the training required under Subsection |
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| 23 | 23 | | (a). The rules must require a judge described by Subsection (a) to |
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| 24 | 24 | | complete two hours of the required training every judicial academic |
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| 25 | 25 | | year that ends in a 0 or a 5 as part of the training the judge is |
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| 26 | 26 | | required to complete under rules adopted by the court of criminal |
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| 27 | 27 | | appeals or other law. |
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| 28 | 28 | | (c) In adopting the rules, the court of criminal appeals may |
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| 29 | 29 | | consult with the supreme court and with professional groups and |
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| 30 | 30 | | associations in this state that have expertise in the subject |
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| 31 | 31 | | matter to obtain the recommendations of those groups or |
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| 32 | 32 | | associations for instructional content. |
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| 33 | 33 | | SECTION 2. (a) Not later than March 10, 2010, the Texas |
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| 34 | 34 | | Court of Criminal Appeals shall adopt the rules necessary to |
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| 35 | 35 | | provide the training required under Section 22.1105, Government |
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| 36 | 36 | | Code, as added by this Act. |
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| 37 | 37 | | (b) Notwithstanding Section 22.1105, Government Code, as |
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| 38 | 38 | | added by this Act, a judge who is in office on the effective date of |
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| 39 | 39 | | this Act is not required to complete the judicial training required |
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| 40 | 40 | | by Section 22.1105 before September 1, 2010. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 42 | 42 | | ______________________________ ______________________________ |
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| 43 | 43 | | President of the Senate Speaker of the House |
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| 44 | 44 | | I certify that H.B. No. 1793 was passed by the House on April |
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| 45 | 45 | | 24, 2009, by the following vote: Yeas 138, Nays 1, 1 present, not |
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| 46 | 46 | | voting. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Chief Clerk of the House |
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| 49 | 49 | | I certify that H.B. No. 1793 was passed by the Senate on May |
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| 50 | 50 | | 13, 2009, by the following vote: Yeas 31, Nays 0. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Secretary of the Senate |
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| 53 | 53 | | APPROVED: _____________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | _____________________ |
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| 56 | 56 | | Governor |
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