Texas 2023 - 88th Regular

Texas Senate Bill SB855 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 855
2	2
3	3
4	4	AN ACT
5	5	relating to judicial training requirements regarding family
6	6	violence.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 22.110, Government Code, is amended by
9	9	amending Subsections (b) and (d) and adding Subsection (d-2) to
10	10	read as follows:
11	11	(b) The court of criminal appeals shall adopt the rules
12	12	necessary to accomplish the purposes of this section. The rules
13	13	must require:
14	14	(1) each district judge, judge of a statutory county
15	15	court, associate judge appointed under Chapter 54A of this code or
16	16	Chapter 201, Family Code, master, referee, and magistrate [to
17	17	complete at least 12 hours of the training] within the judge's first
18	18	term of office or the judicial officer's first four years of service
19	19	to complete and provide [a method for] certification of completion
20	20	of 12 hours of [that] training that include at least:
21	21	(A) [. At least] four hours [of the training must
22	22	be] dedicated to issues related to trafficking of persons and child
23	23	abuse and neglect that cover [and must cover] at least two of the
24	24	topics described in Subsections (d)(8)-(12);
25	25	(B) [. At least] six hours [of the training must
26	26	be] dedicated to the training described by Subsections (d)(5), (6),
27	27	and (7); and
28	28	(C) one hour dedicated to the training described
29	29	by Subsection (d)(13);
30	30	(2) [. The rules must require] each judge and judicial
31	31	officer [to complete an additional five hours of training] during
32	32	each additional term in office or four years of service to complete
33	33	and provide certification of completion of an additional five hours
34	34	of training that include at least:
35	35	(A) [. At least] two hours [of the additional
36	36	training must be] dedicated to the training described by
37	37	Subsections (d)(11) and (12); and
38	38	(B) one hour dedicated to the training described
39	39	by Subsection (d)(13); and
40	40	(3) each judge of a court with primary responsibility
41	41	for family law or family violence matters to complete and provide
42	42	certification of completion of an additional hour of training
43	43	described by Subsection (d)(13) every two years [issues related to
44	44	trafficking of persons and child abuse and neglect. The rules must
45	45	exempt from the training requirement of this subsection each judge
46	46	or judicial officer who files an affidavit stating that the judge or
47	47	judicial officer does not hear any cases involving family violence,
48	48	sexual assault, trafficking of persons, or child abuse and
49	49	neglect].
50	50	(d) The instruction must include information about:
51	51	(1) statutory and case law relating to videotaping a
52	52	child's testimony and relating to competency of children to
53	53	testify;
54	54	(2) methods for eliminating the trauma to the child
55	55	caused by the court process;
56	56	(3) case law, statutory law, and procedural rules
57	57	relating to family violence, sexual assault, trafficking of
58	58	persons, and child abuse and neglect;
59	59	(4) methods for providing protection for victims of
60	60	family violence, sexual assault, trafficking of persons, and child
61	61	abuse and neglect;
62	62	(5) available community and state resources for
63	63	counseling and other aid to victims and to offenders;
64	64	(6) gender bias in the judicial process;
65	65	(7) dynamics and effects of being a victim of [family
66	66	violence,] sexual assault, trafficking of persons, or child abuse
67	67	and neglect;
68	68	(8) dynamics of sexual abuse of children, including
69	69	child abuse accommodation syndrome and grooming;
70	70	(9) impact of substance abuse on an unborn child and on
71	71	a person's ability to care for a child;
72	72	(10) issues of attachment and bonding between children
73	73	and caregivers;
74	74	(11) issues of child development that pertain to
75	75	trafficking of persons and child abuse and neglect; [and]
76	76	(12) medical findings regarding physical abuse,
77	77	sexual abuse, trafficking of persons, and child abuse and neglect;
78	78	and
79	79	(13) dynamics of family violence.
80	80	(d-2) The training described by Subsection (d)(13) must be
81	81	developed in consultation with a statewide family violence advocacy
82	82	organization.
83	83	SECTION 2. (a) Not later than December 1, 2023, the Texas
84	84	Court of Criminal Appeals shall adopt the rules necessary to
85	85	provide the training required under Section 22.110, Government
86	86	Code, as amended by this Act.
87	87	(b) Notwithstanding Section 22.110, Government Code, as
88	88	amended by this Act, a judge, master, referee, or magistrate who is
89	89	in office on the effective date of this Act must complete the
90	90	training required by Section 22.110, Government Code, as amended by
91	91	this Act, as applicable, not later than December 1, 2025.
92	92	SECTION 3. This Act takes effect September 1, 2023.
93	93	______________________________ ______________________________
94	94	President of the Senate Speaker of the House
95	95	I hereby certify that S.B. No. 855 passed the Senate on
96	96	April 20, 2023, by the following vote: Yeas 30, Nays 1; and that
97	97	the Senate concurred in House amendment on May 16, 2023, by the
98	98	following vote: Yeas 30, Nays 1.
99	99	______________________________
100	100	Secretary of the Senate
101	101	I hereby certify that S.B. No. 855 passed the House, with
102	102	amendment, on May 11, 2023, by the following vote: Yeas 134,
103	103	Nays 6, two present not voting.
104	104	______________________________
105	105	Chief Clerk of the House
106	106	Approved:
107	107	______________________________
108	108	Date
109	109	______________________________
110	110	Governor