By: Alvarado, LaMantia S.B. No. 855
(In the Senate - Filed February 13, 2023; March 1, 2023,
read first time and referred to Committee on Criminal Justice;
April 11, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 11, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 855 By: Flores
A BILL TO BE ENTITLED
AN ACT
relating to continuing judicial training regarding family violence
victims.
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:
(1) require 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 and provide [a method for] certification of completion of
at least 12 hours of [that] training that includes:
(A) at[. 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); and
(B) at[. At] least six hours [of the training
must be] dedicated to the training described by Subsections (d)(5),
(6), and (7);
(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 an
additional five hours of training that includes:
(A) at[. At] least two hours [of the additional
training must be] dedicated to issues related to trafficking of
persons and child abuse and neglect; and
(B) at least one hour dedicated to the dynamics
of and effects on victims of family violence;
(3) require each judge of a court having primary
responsibility for or giving preference to family law or family
violence matters to complete an additional two hours of training
every two years dedicated to the dynamics of and effects on victims
of family violence; and
(4) [. 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.
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