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Texas Government Code - Section 22.110. Judicial Instruction Related To Family Violence, Sexual Assault, And Child Abuse

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§ 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE, SEXUAL ASSAULT, AND CHILD ABUSE. (a) The court of criminal appeals shall assure that judicial training related to the problems of family violence, sexual assault, and child abuse is provided. (b) The court of criminal appeals shall adopt the rules necessary to accomplish the purposes of this section. The rules must require each district judge, judge of a statutory county court, associate judge appointed under Chapter 54 of this code or Chapter 201, Family Code, master, referee, and magistrate to complete at least eight 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 that training. At least six hours of the training must be dedicated to the training described by Subsections (d)(5), (6), and (7). The rules must require each judge and judicial officer to complete an additional three hours of training during each additional term in office or four years of service. 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, or child abuse. (c) In adopting the rules, the court of criminal appeals may consult 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, and child abuse; (4) methods for providing protection for victims of family violence, sexual assault, 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; and (7) dynamics and effects of being a victim of family violence, sexual assault, or child abuse. (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, § 1, eff. Aug. 31, 1995. Amended by Acts 1999, 76th Leg., ch. 390, § 1, eff. Aug. 31, 1999.

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Last modified: August 11, 2007