Bill Text: TX SB488 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to required training regarding childhood trauma for judges who hear cases involving certain children and requirements for a juvenile's appearance in a judicial proceeding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-14 - Referred to Criminal Justice [SB488 Detail]

Download: Texas-2019-SB488-Introduced.html
  86R7243 TSS-D
 
  By: Watson S.B. No. 488
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to required training regarding childhood trauma for judges
  who hear cases involving certain children and requirements for a
  juvenile's appearance in a judicial proceeding.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 54, Family Code, is amended by adding
  Sections 54.12 and 54.13 to read as follows:
         Sec. 54.12.  USE OF RESTRAINTS. (a) A mechanical or
  physical restraint may not be used on a child during a judicial
  proceeding and any restraint must be removed before the child's
  appearance before the court unless the court finds that the use of a
  mechanical or physical restraint is necessary:
               (1)  to prevent physical injury to the child or
  another; or
               (2)  because the child presents a substantial risk of
  flight from the courtroom.
         (b)  The court shall provide the child's attorney an
  opportunity to be heard before the court may order the use of a
  mechanical or physical restraint.  If the use of a restraint is
  ordered, the court shall make findings of fact in support of the
  order.
         (c)  A mechanical or physical restraint used on a child
  during a judicial proceeding must be the least restrictive
  restraint available that is effective to prevent physical injury to
  the child or another or to prevent the child's flight from the
  courtroom.
         (d)  The court shall expedite any judicial proceeding during
  which a child is restrained and give preference to the proceeding
  over other matters.
         Sec. 54.13.  CLOTHING DURING JUDICIAL PROCEEDING.  (a)  
  During a judicial proceeding, a court shall permit a child to wear
  clothing other than a uniform provided by a detention or
  correctional facility.
         (b)  If at the time of the judicial proceeding the child does
  not have access to any clothing other than a uniform provided by a
  detention or correctional facility, the court shall provide the
  child with appropriate clothing.
         SECTION 2.  Section 22.011, Government Code, is amended to
  read as follows:
         Sec. 22.011.  JUDICIAL TRAINING [INSTRUCTION] RELATED TO
  FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD
  TRAUMA, AND CHILD ABUSE. (a)  The supreme court shall provide
  judicial training related to the problems of family violence,
  sexual assault, trafficking of persons, childhood trauma, and child
  abuse and to issues concerning sex offender characteristics.
         (d)  The instruction content 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;
               (4)  methods for providing protection for victims of
  family violence, sexual assault, trafficking of persons, or child
  abuse;
               (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]
               (8)  issues concerning sex offender characteristics;
  and
               (9)  if the judge hears cases involving children in the
  conservatorship of the Department of Family and Protective Services
  or the juvenile justice system, issues related to childhood trauma
  and adverse childhood experiences.
         SECTION 3.  The heading to Section 22.110, Government Code,
  is amended to read as follows:
         Sec. 22.110.  JUDICIAL TRAINING [INSTRUCTION] RELATED TO
  FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD
  TRAUMA, AND CHILD ABUSE AND NEGLECT.
         SECTION 4.  Sections 22.110(a), (b), and (d), Government
  Code, are amended to read as follows:
         (a)  The court of criminal appeals shall assure that judicial
  training related to the problems of family violence, sexual
  assault, trafficking of persons, childhood trauma, and child abuse
  and neglect is provided.
         (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 and covers [must cover] at least two of the
  topics described in Subsections (d)(8)-(12);
                     (B)  at [.  At] least six hours [of the training
  must be] dedicated to the training described by Subsections (d)(5),
  (6), and (7); and
                     (C)  if the judge hears cases involving children
  in the conservatorship of the Department of Family and Protective
  Services or the juvenile justice system, at least three hours
  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 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)  if the judge hears cases involving children
  in the conservatorship of the Department of Family and Protective
  Services or the juvenile justice system, at least one hour
  dedicated to the training described by Subsection (d)(13); and
               (3)  [.  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, childhood trauma, or child abuse and
  neglect.
         (d)  The instruction content 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)  issues related to childhood trauma and adverse
  childhood experiences.
         SECTION 5.  (a) Not later than December 1, 2019, the Supreme
  Court of Texas shall adopt the rules necessary to provide the
  training required under Section 22.011, Government Code, as amended
  by this Act.
         (b)  Not later than December 1, 2019, 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.
         (c)  Notwithstanding Section 22.110, Government Code, as
  amended by this Act, a judge, master, referee, and 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, 2021.
         SECTION 6.  This Act takes effect September 1, 2019.
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