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Texas Code of Criminal Procedure - Article 42.141. Battering Intervention And Prevention Program

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 42.141. Battering Intervention And Prevention Program

Art. 42.141. BATTERING INTERVENTION AND PREVENTION 
PROGRAM.                  

Definitions
	Sec. 1. In this article:                                                       
	(1)  "Batterer" means a person who commits repeated acts of 
violence or who repeatedly threatens violence against another who 
is:
	(A)  related to the actor by affinity or consanguinity, as 
determined under Chapter 573, Government Code;
	(B)  is a former spouse of the actor;  or                                      
	(C)  resides or has resided in the same household with the 
actor.            
	(2)  "Division" means the community justice assistance 
division of the Texas Department of Criminal Justice.
	(3)  "Family" has the meaning assigned by Section 71.003, 
Family Code.       
	(4)  "Family violence" has the meaning assigned by Section 
71.004, Family Code.
	(5)  "Shelter center" has the meaning assigned by Section 
51.002, Human Resources Code.
	(6)  "Household" has the meaning assigned by Section 71.005, 
Family Code.    
	(7)  "Program" means a battering intervention and prevention 
program operated by a nonprofit organization that provides, on a 
local basis to batterers referred by the courts for treatment, 
treatment and educational services designed to help the batterers 
stop their abusive behavior.
	(8)  "Project" means the statewide activities for the 
funding of battering intervention and prevention programs, the 
related community educational campaign, and education and research 
regarding such programs.
	(9)  "Responsive law enforcement climate" means an area 
where, in cases of family violence:
	(A)  the local law enforcement agency has a policy or record 
of arresting batterers;  and
	(B)  the local criminal justice system:                                        
	(i)  cooperates with the victim in filing protective orders;  
and            
	(ii)  takes appropriate action against a person who violates 
protective orders.

Establishment
	Sec. 2. The battering intervention and prevention program is 
established in the division.

Duties of the Division
	Sec. 3. The division shall:                                                    
	(1)  contract with a nonprofit organization that for the 
five-year period before the date on which a contract is to be signed 
has been involved in providing to shelter centers, law enforcement 
agencies, and the legal community statewide advocacy and technical 
assistance relating to family violence, with the contract requiring 
the nonprofit organization to perform the duties described in 
Section (4) of this article;
	(2)  seek the input of the statewide nonprofit organization 
described in Subdivision (1) of this section in the development of 
standards for selection of programs and the review of proposals 
submitted by programs;
	(3)  issue requests for proposals for the programs and an 
educational campaign not later than January 1, 1990;
	(4)  award contracts for programs that take into 
consideration:              
	(A)  a balanced geographical distribution of urban, rural, 
and suburban models;  and
	(B)  the presence of a responsive law enforcement climate in 
the community;  
	(5)  develop and monitor the project in cooperation with the 
nonprofit organization;
	(6)  monitor the development of a community educational 
campaign in cooperation with the nonprofit organization;
	(7)  assist the nonprofit organization in designing program 
evaluations and research activities;  and
	(8)  facilitate training of probation officers and other 
criminal justice professionals by the nonprofit organization and by 
programs.

Duties of the Nonprofit Organization
	Sec. 4. The nonprofit organization with which the division 
contracts shall:  
	(1)  assist the division in developing and issuing requests 
for proposals for the programs and the educational campaign;
	(2)  assist the division in reviewing the submitted 
proposals and making recommendations for proposals to be selected 
for funding;
	(3)  develop and monitor the project in cooperation with the 
division;       
	(4)  provide technical assistance to programs to:                              
	(A)  develop appropriate services for batterers;                               
	(B)  train staff;                                                              
	(C)  improve coordination with shelter centers, the criminal 
justice system, the judiciary, law enforcement agencies, 
prosecutors, and other appropriate officials and support services;
	(D)  implement the community educational campaign;  and                        
	(E)  participate in project administered program evaluation 
and research activities;
	(5)  provide technical assistance to the division to:                          
	(A)  develop and implement standards for selection of 
programs for inclusion in the project;  and
	(B)  develop standards for selection of the community 
educational campaign described in Section 6 of this article;
	(6)  submit an annual written report to the division and to 
the legislature with recommendations for continuation, 
elimination, or changes in the project;  and
	(7)  evaluate the programs and the community educational 
campaign, including an analysis of the effectiveness of the project 
and the level of public awareness relating to family violence.

Programs
	Sec. 5. (a) A program proposal must:                                           
	(1)  describe the counseling or treatment the program will 
offer;            
	(2)  include letters from a local law enforcement agency or 
agencies, courts, probation officers, and other community 
resources describing the community's commitment to improve the 
criminal justice system's response to victims and batterers and to 
cooperate with and interact in the programs' activities;
	(3)  include a letter from the local shelter center 
describing the support services available to victims of family 
violence in the community and the shelter's commitment to cooperate 
and work with the program;  and
	(4)  describe the public education and local community 
outreach activities relating to family violence currently 
available in the community and a statement of commitment to 
participate on the local level in the public educational campaign 
described in Section 6 of this article.
	(b)  A program must:                                                           
	(1)  be situated in a county in which a shelter center is 
located;           
	(2)  offer counseling or treatment in which the primary 
approach is direct intervention with the batterer, on an individual 
or group basis, but that does not require the victim of the family 
violence to participate in the counseling or treatment;
	(3)  offer training to law enforcement prosecutors, judges, 
probation officers, and others on the dynamics of family violence, 
treatment options, and program activities;  and
	(4)  have a system for receiving referrals from the courts 
and for reporting to the court regarding batterers' compliance with 
the treatment program.
	(c)  This section does not preclude a program from serving a 
batterer other than one who was ordered by a court to participate in 
the program established under this subchapter.

Community Educational Campaign
	Sec. 6. (a) The division, with assistance from the nonprofit 
organization, shall select the community educational campaign 
relating to family violence after the commission has selected the 
programs.  The campaign is to be implemented in the areas covered by 
the programs.
	(b)  The campaign shall use a variety of media, including 
newspapers, radio, television, and billboards, and shall focus on:
	(1)  the criminality of acts of violence toward family 
members;              
	(2)  the consequences of family violence crimes to the 
batterer;  and        
	(3)  eradicating public misconceptions of family violence.                     

Use of Legislative Appropriation
	Sec. 7. Of a legislative appropriation for the project 
established under this article:
	(1)  not more than six percent may be used by the division for 
management and administration of the project;
	(2)  not more than 14 percent may be applied to the contract 
between the division and the nonprofit organization;  and
	(3)  not more than three percent may be applied to the 
contract for the community educational campaign.

Contract Date
	Sec. 8. The contract required under Section 3(a) of this 
article shall be signed not later than November 1, 1989.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.05, eff. Sept. 1, 
1989.  Sec. 1(1) amended by Acts 1991, 72nd Leg., ch. 561, Sec. 11, 
eff. Aug. 26, 1991;  Sec. 1(1)(A) amended by Acts 1995, 74th Leg., 
ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995;  Sec. 1(3), (4), (6) 
amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(i), eff. Sept. 
1, 2003.

Last modified: August 10, 2007