S.B. No. 855
AN ACT
relating to judicial training requirements regarding family
violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.110, Government Code, is amended by
amending Subsections (b) and (d) and adding Subsection (d-2) to
read as follows:
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require:
(1) each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54A of this code or
Chapter 201, Family Code, master, referee, and magistrate [to
complete 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
to complete and provide [a method for] certification of completion
of 12 hours of [that] training that include at least:
(A) [. At least] four hours [of the training must
be] dedicated to issues related to trafficking of persons and child
abuse and neglect that cover [and must cover] at least two of the
topics described in Subsections (d)(8)-(12);
(B) [. At least] six hours [of the training must
be] dedicated to the training described by Subsections (d)(5), (6),
and (7); and
(C) one hour dedicated to the training described
by Subsection (d)(13);
(2) [. The rules must require] each judge and judicial
officer [to complete an additional five hours of training] during
each additional term in office or four years of service to complete
and provide certification of completion of an additional five hours
of training that include at least:
(A) [. At least] two hours [of the additional
training must be] dedicated to the training described by
Subsections (d)(11) and (12); and
(B) one hour dedicated to the training described
by Subsection (d)(13); and
(3) each judge of a court with primary responsibility
for family law or family violence matters to complete and provide
certification of completion of an additional hour of training
described by Subsection (d)(13) every two years [issues related to
trafficking of persons and child abuse and neglect. The rules must
exempt from the training requirement of this subsection each judge
or judicial officer who files an affidavit stating that the judge or
judicial officer does not hear any cases involving family violence,
sexual assault, trafficking of persons, or child abuse and
neglect].
(d) The instruction must include information about:
(1) statutory and case law relating to videotaping a
child's testimony and relating to competency of children to
testify;
(2) methods for eliminating the trauma to the child
caused by the court process;
(3) case law, statutory law, and procedural rules
relating to family violence, sexual assault, trafficking of
persons, and child abuse and neglect;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, and child
abuse and neglect;
(5) available community and state resources for
counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of [family
violence,] sexual assault, trafficking of persons, or child abuse
and neglect;
(8) dynamics of sexual abuse of children, including
child abuse accommodation syndrome and grooming;
(9) impact of substance abuse on an unborn child and on
a person's ability to care for a child;
(10) issues of attachment and bonding between children
and caregivers;
(11) issues of child development that pertain to
trafficking of persons and child abuse and neglect; [and]
(12) medical findings regarding physical abuse,
sexual abuse, trafficking of persons, and child abuse and neglect;
and
(13) dynamics of family violence.
(d-2) The training described by Subsection (d)(13) must be
developed in consultation with a statewide family violence advocacy
organization.
SECTION 2. (a) Not later than December 1, 2023, the Texas
Court of Criminal Appeals shall adopt the rules necessary to
provide the training required under Section 22.110, Government
Code, as amended by this Act.
(b) Notwithstanding Section 22.110, Government Code, as
amended by this Act, a judge, master, referee, or magistrate who is
in office on the effective date of this Act must complete the
training required by Section 22.110, Government Code, as amended by
this Act, as applicable, not later than December 1, 2025.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 855 passed the Senate on
April 20, 2023, by the following vote: Yeas 30, Nays 1; and that
the Senate concurred in House amendment on May 16, 2023, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 855 passed the House, with
amendment, on May 11, 2023, by the following vote: Yeas 134,
Nays 6, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor