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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial training requirements regarding elder abuse |
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and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 22.110, Government Code, |
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is amended to read as follows: |
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Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY |
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VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD AND |
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ELDER ABUSE AND NEGLECT. |
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SECTION 2. Sections 22.110(a), (b), and (d), Government |
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Code, are amended to read as follows: |
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(a) The court of criminal appeals shall assure that judicial |
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training related to the problems of family violence, sexual |
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assault, trafficking of persons, [and] child abuse and neglect, and |
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elder abuse and neglect is provided. |
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(b) The court of criminal appeals shall adopt the rules |
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necessary to accomplish the purposes of this section. The rules |
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must require: |
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(1) each district judge, judge of a statutory county |
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court, associate judge appointed under Chapter 54A of this code or |
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Chapter 201, Family Code, master, referee, and magistrate within |
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the judge's first term of office or the judicial officer's first |
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four years of service to complete and provide certification of |
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completion of 12 hours of training that include at least: |
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(A) four hours dedicated to issues related to |
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trafficking of persons, [and] child abuse and neglect, and elder |
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abuse and neglect that cover at least two of the topics described in |
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Subsections (d)(8) through (12) and (d)(14) [(d)(8)-(12)]; |
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(B) six hours dedicated to the training described |
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by Subsections (d)(5), (6), and (7); and |
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(C) one hour dedicated to the training described |
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by Subsection (d)(13); |
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(2) each judge and judicial officer during each |
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additional term in office or four years of service to complete and |
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provide certification of completion of an additional five hours of |
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training that include at least: |
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(A) two hours dedicated to the training described |
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by Subsections (d)(11) and (12); and |
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(B) one hour dedicated to the training described |
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by Subsection (d)(13); and |
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(3) each judge of a court with primary responsibility |
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for family law or family violence matters to complete and provide |
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certification of completion of an additional hour of training |
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described by Subsection (d)(13) every two years. |
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(d) The instruction must include information about: |
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(1) statutory and case law relating to videotaping a |
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child's testimony and relating to competency of children to |
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testify; |
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(2) methods for eliminating the trauma to the child |
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caused by the court process; |
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(3) case law, statutory law, and procedural rules |
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relating to family violence, sexual assault, trafficking of |
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persons, and child abuse and neglect; |
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(4) methods for providing protection for victims of |
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family violence, sexual assault, trafficking of persons, and child |
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abuse and neglect; |
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(5) available community and state resources for |
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counseling and other aid to victims and to offenders; |
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(6) gender bias in the judicial process; |
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(7) dynamics and effects of being a victim of sexual |
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assault, trafficking of persons, or child abuse and neglect; |
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(8) dynamics of sexual abuse of children, including |
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child abuse accommodation syndrome and grooming; |
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(9) impact of substance abuse on an unborn child and on |
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a person's ability to care for a child; |
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(10) issues of attachment and bonding between children |
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and caregivers; |
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(11) issues of child development that pertain to |
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trafficking of persons and child abuse and neglect; |
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(12) medical findings regarding physical abuse, |
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sexual abuse, trafficking of persons, and child abuse and neglect; |
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[and] |
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(13) dynamics of family violence; and |
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(14) elder abuse and neglect. |
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SECTION 3. (a) As soon as practicable after the effective |
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date of this Act, the Texas Court of Criminal Appeals shall adopt |
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the rules necessary to implement Section 22.110, Government Code, |
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as amended by this Act. |
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(b) Section 22.110, Government Code, as amended by this Act, |
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applies to all judges, masters, referees, and magistrates elected, |
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appointed, or holding office on or after the effective date of this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2025. |
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* * * * * |