82R7894 KFF-D
By: Carona S.B. No. 823
A BILL TO BE ENTITLED
AN ACT
relating to required instruction regarding mental illness and
substance abuse for certain judges and attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 22, Government Code, is
amended by adding Section 22.1101 to read as follows:
Sec. 22.1101. JUDICIAL INSTRUCTION RELATED TO MENTAL
ILLNESS AND SUBSTANCE ABUSE. (a) In this section:
(1) "Controlled substance" has the meaning assigned by
Section 481.002, Health and Safety Code.
(2) "Juvenile proceeding" means a proceeding under
Title 3, Family Code, or a proceeding under Chapter 45, Code of
Criminal Procedure, in which a juvenile is the respondent or
defendant, as applicable.
(b) The court of criminal appeals shall assure that training
related to the issue of mental illness and substance abuse is
provided to:
(1) subject to Subsection (f)(1), each member of the
judiciary specified under Subsection (c); and
(2) each attorney who:
(A) represents the state in criminal or juvenile
proceedings; or
(B) in at least 50 percent of the attorney's
practice, represents defendants or respondents in criminal or
juvenile proceedings.
(c) The court of criminal appeals shall adopt rules
necessary to accomplish the purposes of this section. The rules
must require:
(1) subject to Subsection (d), each district judge,
judge of a statutory county court, associate judge appointed under
Chapter 54 of this code or Chapter 201, Family Code, and master,
referee, and magistrate appointed under Chapter 54 to complete:
(A) 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; and
(B) an additional six hours of the training
during each additional term in office or four years of service; and
(2) subject to Subsection (e), each attorney subject
to this section to complete at least six hours of the training not
later than two years after the date:
(A) the attorney is first elected, appointed, or
otherwise employed as a state prosecutor; or
(B) on which at least 50 percent of the
attorney's practice involves the representation of defendants or
respondents in criminal or juvenile proceedings.
(d) At least four hours of the training required under
Subsection (c)(1)(A) must be dedicated to issues related to
substance abuse and cover at least three of the topics described in
Subsections (h)(1)-(6). At least six hours of the training
required under Subsection (c)(1)(A) must be dedicated to mental
illness and cover at least four of the topics described by
Subsections (i)(1)-(6). At least two hours of the additional
training required under Subsection (c)(1)(B) must be dedicated to
issues related to mental illness, and at least two hours of the
additional training must be dedicated to issues related to
substance abuse.
(e) Three hours of the training required under Subsection
(c)(2) must be dedicated to issues related to substance abuse and
cover at least three of the topics described in Subsections
(h)(1)-(6). Three hours of the training required under Subsection
(c)(2) must be dedicated to mental illness and cover at least four
of the topics described by Subsections (i)(1)-(6).
(f) The rules adopted under this section must:
(1) exempt from the training requirement each judge or
judicial officer who files an affidavit stating that the judge or
judicial officer does not hear any criminal cases or cases under
Title 3, Family Code; and
(2) provide a method for certification of completion
of the training.
(g) In adopting the rules under this section, the court of
criminal appeals may consult with the supreme court and shall
consult with professional groups and associations in the state that
have expertise in the subject matter to obtain the recommendations
of those groups or associations for the purpose of developing
instruction content.
(h) The instruction relating to substance abuse must
include information about:
(1) the medical model of addiction, including the
diagnosis and treatment of substance abuse;
(2) medical findings regarding the psychological and
physical effects of substance abuse;
(3) the effects that controlled substances and alcohol
have on an individual;
(4) the effects of substance abuse on the family,
household members, and personal relationships of an individual;
(5) the concept of relapse and relapse prevention; and
(6) available community and state resources for
substance abuse counseling and treatment of individuals.
(i) The instruction regarding mental illness must include
information about:
(1) the difference between mental retardation and
mental illness;
(2) the types of mental illnesses that are prevalent
among persons convicted of criminal offenses;
(3) treatment or counseling options for dealing with
mental illnesses;
(4) the need for conducting a psychological evaluation
to determine a defendant's mental health status;
(5) post-traumatic stress disorder and traumatic
brain injuries; and
(6) available community and state resources for mental
health counseling and treatment of offenders.
(j) The sponsoring organization for any training on issues
related to substance abuse or mental illness must have experience
in training professionals on substance abuse or mental illness
issues or have personnel or planning committee members who have at
least two years' experience in working directly in the field of
substance abuse or mental illness.
(k) The court of criminal appeals or the court's designee
shall report the name of:
(1) a judge or judicial officer who does not comply
with the requirements of this section to the State Commission on
Judicial Conduct; and
(2) an attorney who does not comply with the
requirements of this section to the State Bar of Texas.
SECTION 2. (a) Not later than December 1, 2011, the Texas
Court of Criminal Appeals shall adopt the rules necessary to
provide the training required under Section 22.1101, Government
Code, as added by this Act.
(b) Notwithstanding Section 22.1101, Government Code, as
added by this Act, a judge who is in office on the effective date of
this Act or an attorney described by Section 22.1101(b)(2),
Government Code, as added by this Act, on the effective date of this
Act must complete the training required by Sections
22.1101(c)(1)(A) and 22.1101(c)(2), Government Code, as added by
this Act, as applicable, not later than December 1, 2013.
SECTION 3. This Act takes effect September 1, 2011.