Texas 2019 - 86th Regular

Texas Senate Bill SB488 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7243 TSS-D
2	2	By: Watson S.B. No. 488
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to required training regarding childhood trauma for judges
8	8	who hear cases involving certain children and requirements for a
9	9	juvenile's appearance in a judicial proceeding.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 54, Family Code, is amended by adding
12	12	Sections 54.12 and 54.13 to read as follows:
13	13	Sec. 54.12. USE OF RESTRAINTS. (a) A mechanical or
14	14	physical restraint may not be used on a child during a judicial
15	15	proceeding and any restraint must be removed before the child's
16	16	appearance before the court unless the court finds that the use of a
17	17	mechanical or physical restraint is necessary:
18	18	(1) to prevent physical injury to the child or
19	19	another; or
20	20	(2) because the child presents a substantial risk of
21	21	flight from the courtroom.
22	22	(b) The court shall provide the child's attorney an
23	23	opportunity to be heard before the court may order the use of a
24	24	mechanical or physical restraint. If the use of a restraint is
25	25	ordered, the court shall make findings of fact in support of the
26	26	order.
27	27	(c) A mechanical or physical restraint used on a child
28	28	during a judicial proceeding must be the least restrictive
29	29	restraint available that is effective to prevent physical injury to
30	30	the child or another or to prevent the child's flight from the
31	31	courtroom.
32	32	(d) The court shall expedite any judicial proceeding during
33	33	which a child is restrained and give preference to the proceeding
34	34	over other matters.
35	35	Sec. 54.13. CLOTHING DURING JUDICIAL PROCEEDING. (a)
36	36	During a judicial proceeding, a court shall permit a child to wear
37	37	clothing other than a uniform provided by a detention or
38	38	correctional facility.
39	39	(b) If at the time of the judicial proceeding the child does
40	40	not have access to any clothing other than a uniform provided by a
41	41	detention or correctional facility, the court shall provide the
42	42	child with appropriate clothing.
43	43	SECTION 2. Section 22.011, Government Code, is amended to
44	44	read as follows:
45	45	Sec. 22.011. JUDICIAL TRAINING [INSTRUCTION] RELATED TO
46	46	FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD
47	47	TRAUMA, AND CHILD ABUSE. (a) The supreme court shall provide
48	48	judicial training related to the problems of family violence,
49	49	sexual assault, trafficking of persons, childhood trauma, and child
50	50	abuse and to issues concerning sex offender characteristics.
51	51	(d) The instruction content must include information about:
52	52	(1) statutory and case law relating to videotaping a
53	53	child's testimony and relating to competency of children to
54	54	testify;
55	55	(2) methods for eliminating the trauma to the child
56	56	caused by the court process;
57	57	(3) case law, statutory law, and procedural rules
58	58	relating to family violence, sexual assault, trafficking of
59	59	persons, and child abuse;
60	60	(4) methods for providing protection for victims of
61	61	family violence, sexual assault, trafficking of persons, or child
62	62	abuse;
63	63	(5) available community and state resources for
64	64	counseling and other aid to victims and to offenders;
65	65	(6) gender bias in the judicial process;
66	66	(7) dynamics and effects of being a victim of family
67	67	violence, sexual assault, trafficking of persons, or child abuse;
68	68	[and]
69	69	(8) issues concerning sex offender characteristics;
70	70	and
71	71	(9) if the judge hears cases involving children in the
72	72	conservatorship of the Department of Family and Protective Services
73	73	or the juvenile justice system, issues related to childhood trauma
74	74	and adverse childhood experiences.
75	75	SECTION 3. The heading to Section 22.110, Government Code,
76	76	is amended to read as follows:
77	77	Sec. 22.110. JUDICIAL TRAINING [INSTRUCTION] RELATED TO
78	78	FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD
79	79	TRAUMA, AND CHILD ABUSE AND NEGLECT.
80	80	SECTION 4. Sections 22.110(a), (b), and (d), Government
81	81	Code, are amended to read as follows:
82	82	(a) The court of criminal appeals shall assure that judicial
83	83	training related to the problems of family violence, sexual
84	84	assault, trafficking of persons, childhood trauma, and child abuse
85	85	and neglect is provided.
86	86	(b) The court of criminal appeals shall adopt the rules
87	87	necessary to accomplish the purposes of this section. The rules
88	88	must:
89	89	(1) require each district judge, judge of a statutory
90	90	county court, associate judge appointed under Chapter 54A of this
91	91	code or Chapter 201, Family Code, master, referee, and magistrate
92	92	to complete [at least 12 hours of the training] within the judge's
93	93	first term of office or the judicial officer's first four years of
94	94	service and provide [a method for] certification of completion of
95	95	at least 12 hours of [that] training that includes:
96	96	(A) at [. At] least four hours [of the training
97	97	must be] dedicated to issues related to trafficking of persons and
98	98	child abuse and neglect and covers [must cover] at least two of the
99	99	topics described in Subsections (d)(8)-(12);
100	100	(B) at [. At] least six hours [of the training
101	101	must be] dedicated to the training described by Subsections (d)(5),
102	102	(6), and (7); and
103	103	(C) if the judge hears cases involving children
104	104	in the conservatorship of the Department of Family and Protective
105	105	Services or the juvenile justice system, at least three hours
106	106	dedicated to the training described by Subsection (d)(13);
107	107	(2) [. The rules must] require each judge and judicial
108	108	officer to complete [an additional five hours of training] during
109	109	each additional term in office or four years of service an
110	110	additional five hours of training that includes:
111	111	(A) at [. At] least two hours [of the additional
112	112	training must be] dedicated to issues related to trafficking of
113	113	persons and child abuse and neglect; and
114	114	(B) if the judge hears cases involving children
115	115	in the conservatorship of the Department of Family and Protective
116	116	Services or the juvenile justice system, at least one hour
117	117	dedicated to the training described by Subsection (d)(13); and
118	118	(3) [. The rules must] exempt from the training
119	119	requirement of this subsection each judge or judicial officer who
120	120	files an affidavit stating that the judge or judicial officer does
121	121	not hear any cases involving family violence, sexual assault,
122	122	trafficking of persons, childhood trauma, or child abuse and
123	123	neglect.
124	124	(d) The instruction content must include information about:
125	125	(1) statutory and case law relating to videotaping a
126	126	child's testimony and relating to competency of children to
127	127	testify;
128	128	(2) methods for eliminating the trauma to the child
129	129	caused by the court process;
130	130	(3) case law, statutory law, and procedural rules
131	131	relating to family violence, sexual assault, trafficking of
132	132	persons, and child abuse and neglect;
133	133	(4) methods for providing protection for victims of
134	134	family violence, sexual assault, trafficking of persons, and child
135	135	abuse and neglect;
136	136	(5) available community and state resources for
137	137	counseling and other aid to victims and to offenders;
138	138	(6) gender bias in the judicial process;
139	139	(7) dynamics and effects of being a victim of family
140	140	violence, sexual assault, trafficking of persons, or child abuse
141	141	and neglect;
142	142	(8) dynamics of sexual abuse of children, including
143	143	child abuse accommodation syndrome and grooming;
144	144	(9) impact of substance abuse on an unborn child and on
145	145	a person's ability to care for a child;
146	146	(10) issues of attachment and bonding between children
147	147	and caregivers;
148	148	(11) issues of child development that pertain to
149	149	trafficking of persons and child abuse and neglect; [and]
150	150	(12) medical findings regarding physical abuse,
151	151	sexual abuse, trafficking of persons, and child abuse and neglect;
152	152	and
153	153	(13) issues related to childhood trauma and adverse
154	154	childhood experiences.
155	155	SECTION 5. (a) Not later than December 1, 2019, the Supreme
156	156	Court of Texas shall adopt the rules necessary to provide the
157	157	training required under Section 22.011, Government Code, as amended
158	158	by this Act.
159	159	(b) Not later than December 1, 2019, the Texas Court of
160	160	Criminal Appeals shall adopt the rules necessary to provide the
161	161	training required under Section 22.110, Government Code, as amended
162	162	by this Act.
163	163	(c) Notwithstanding Section 22.110, Government Code, as
164	164	amended by this Act, a judge, master, referee, and magistrate who is
165	165	in office on the effective date of this Act must complete the
166	166	training required by Section 22.110, Government Code, as amended by
167	167	this Act, as applicable, not later than December 1, 2021.
168	168	SECTION 6. This Act takes effect September 1, 2019.