2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 22 - Appellate Courts › Subchapter B. Court of Criminal Appeals › Section 22.110. Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child Abuse and Neglect

Sec. 22.110.  JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE AND NEGLECT.  (a)  The court of criminal appeals shall assure that judicial training related to the problems of family violence, sexual assault, trafficking of persons, 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 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 within the judge's first term of office or the judicial officer's first four years of service to complete and provide certification of completion of 12 hours of training that include at least:
(A)  four hours dedicated to issues related to trafficking of persons and child abuse and neglect that cover at least two of the topics described in Subsections (d)(8)-(12);
(B)  six hours 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)  each judge and judicial officer 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)  two hours 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.
(c)  In adopting the rules, the court of criminal appeals may consult with the supreme court and with professional groups and associations in the state that have expertise in the subject matter to obtain the recommendations of those groups or associations for instruction content.
(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 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;
(12)  medical findings regarding physical abuse, sexual abuse, trafficking of persons, and child abuse and neglect; and
(13)  dynamics of family violence.
(d-1)  The sponsoring organization for any training on issues related to child abuse and neglect must have at least three years' experience in training professionals on child abuse and neglect issues or have personnel or planning committee members who have at least five years' experience in working directly in the field of child abuse and neglect prevention and treatment.
(d-2)  The training described by Subsection (d)(13) must be developed in consultation with a statewide family violence advocacy organization.
(e)  The court of criminal appeals or the court's designee shall report the name of a judge or judicial officer who does not comply with the requirements of this section to the State Commission on Judicial Conduct.
Added by Acts 1995, 74th Leg., ch. 507, Sec. 1, eff. Aug. 31, 1995.  Amended by Acts 1999, 76th Leg., ch. 390, Sec. 1, eff. Aug. 31, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 765 (H.B. 3505), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.04, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 9, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 275 (S.B. 855), Sec. 1, eff. September 1, 2023.