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AN ACT
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relating to the provision of intervention or counseling services to |
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certain persons who have committed family violence and to a process |
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for accrediting those services. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 14, Article 42.12, Code of Criminal |
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Procedure, as amended by Chapter 165, Acts of the 73rd Legislature, |
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Regular Session, 1993, Chapter 910, Acts of the 76th Legislature, |
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Regular Session, 1999, and Chapter 353, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended by amending |
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Subsection (c) and adding Subsections (c-1) and (c-2) to read as |
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follows: |
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�������(c)��If the court grants community supervision to a person |
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convicted of an offense involving family violence, as defined by |
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Section 71.004, Family Code, the court may require the defendant |
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[to attend], at the direction of the community supervision and |
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corrections department officer, to: |
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�������������(1)��attend a battering intervention and prevention |
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program as defined by Article 42.141; |
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�������������(2)��beginning on September 1, 2008, if the referral |
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option under Subdivision (1) is not available, attend a program or |
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counsel with a provider that has begun the accreditation process |
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described by Subsection (c-1); or |
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�������������(3)��if the referral option under Subdivision (1) or, |
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beginning on September 1, 2008, the referral option under |
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Subdivision (2) is not available, attend counseling sessions for |
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the elimination of violent behavior with a licensed counselor, |
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social worker, or other professional who has completed [been
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trained in] family violence intervention training that the |
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community justice assistance division of the Texas Department of |
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Criminal Justice has approved, after consultation with the |
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licensing authorities described by Chapters 152, 501, 502, 503, and |
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505, Occupations Code, and experts in the field of family violence |
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[or to attend a battering intervention and prevention program if
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available that meets guidelines adopted by the community justice
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assistance division of the Texas Department of Criminal Justice]. |
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�������(c-1)��Beginning on September 1, 2009, a program or provider |
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serving as a referral option for the courts under Subsection (c)(1) |
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or (2) must be accredited under Section 4A, Article 42.141, as |
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conforming to program guidelines under that article. |
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�������(c-2)��If the court requires the defendant to attend |
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counseling or a program, the court shall require the defendant to |
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begin attendance not later than the 60th day after the date the |
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court grants community supervision, notify the community |
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supervision and corrections department officer of the name, |
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address, and phone number of the counselor or program, and report |
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the defendant's attendance to the officer. The court shall require |
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the defendant to pay all the reasonable costs of the counseling |
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sessions or attendance in the program on a finding that the |
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defendant is financially able to make payment. If the court finds |
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the defendant is unable to make payment, the court shall make the |
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counseling sessions or enrollment in the program available without |
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cost to the defendant. The court may also require the defendant to |
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pay all or a part of the reasonable costs incurred by the victim for |
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counseling made necessary by the offense, on a finding that the |
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defendant is financially able to make payment. The court may order |
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the defendant to make payments under this subsection for a period |
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not to exceed one year after the date on which the order is entered. |
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�������SECTION�2.��Subdivision (7), Section 1, Article 42.141, Code |
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of Criminal Procedure, is amended to read as follows: |
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�������������(7)��"Program" means a battering intervention and |
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prevention program [operated by a nonprofit organization] that: |
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�������������������(A)��meets: |
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�������������������������(i)��the guidelines adopted by the community |
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justice assistance division of the Texas Department of Criminal |
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Justice with the assistance of the statewide nonprofit organization |
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described by Section 3(1); and |
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�������������������������(ii)��any other eligibility requirements |
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adopted by the Texas Department of Criminal Justice; and |
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�������������������(B)��provides, on a local basis to batterers |
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referred by the courts for intervention�[treatment], [treatment
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and] educational services and intervention�designed to help the |
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batterers stop their abusive behavior. |
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�������SECTION�3.��Article 42.141, Code of Criminal Procedure, is |
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amended by amending Sections 3 and 4 and adding Section 4A to read |
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as follows: |
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�������Sec.�3.��DUTIES OF THE DIVISION. �The division shall: |
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�������������(1)��contract with a nonprofit organization that for |
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the five-year period before the date on which a contract is to be |
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signed has been involved in providing to shelter centers, law |
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enforcement agencies, and the legal community statewide advocacy |
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and technical assistance relating to family violence, with the |
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contract requiring the nonprofit organization to perform the duties |
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described in Section (4) of this article; |
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�������������(2)��seek the input of the statewide nonprofit |
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organization described in Subdivision (1) [of this section] in the |
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development of standards for selection of programs for inclusion in |
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the project and the review of proposals submitted by programs; |
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�������������(3)��issue requests for proposals for the programs and |
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an educational campaign not later than January 1, 1990; |
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�������������(4)��award contracts for programs that are operated by |
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nonprofit organizations and�that take into consideration: |
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�������������������(A)��a balanced geographical distribution of |
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urban, rural, and suburban models; and |
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�������������������(B)��the presence of a responsive law enforcement |
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climate in the community; |
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�������������(5)��develop and monitor the project in cooperation |
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with the nonprofit organization described by Subdivision (1); |
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�������������(6)��monitor the development of a community educational |
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campaign in cooperation with the nonprofit organization described |
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by Subdivision (1); |
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�������������(7)��assist the nonprofit organization described by |
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Subdivision (1)�in designing program evaluations and research |
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activities; [and] |
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�������������(8)��facilitate training of probation officers and |
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other criminal justice professionals by the nonprofit organization |
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described by Subdivision (1)�and by programs; |
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�������������(9)��seek the assistance of the nonprofit organization |
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described by Subdivision (1) in developing program guidelines and |
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in accrediting programs and providers providing battering |
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intervention and prevention services as conforming to those |
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guidelines; and |
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�������������(10)��before adopting program guidelines under Section |
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4A: |
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�������������������(A)��notify the licensing authorities described |
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by Chapters 152, 501, 502, 503, and 505, Occupations Code, that the |
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division is considering adopting program guidelines; and |
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�������������������(B)��invite the licensing authorities to comment |
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on the program guidelines. |
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�������Sec.�4.��DUTIES OF THE NONPROFIT ORGANIZATION. �The |
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nonprofit organization with which the division contracts under |
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Section 3(1) shall: |
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�������������(1)��assist the division in developing and issuing |
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requests for proposals for the programs and the educational |
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campaign; |
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�������������(2)��assist the division in reviewing the submitted |
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proposals and making recommendations for proposals to be selected |
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for funding; |
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�������������(3)��develop and monitor the project in cooperation |
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with the division; |
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�������������(4)��provide technical assistance to programs to: |
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�������������������(A)��develop appropriate services for batterers; |
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�������������������(B)��train staff; |
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�������������������(C)��improve coordination with shelter centers, |
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the criminal justice system, the judiciary, law enforcement |
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agencies, prosecutors, and other appropriate officials and support |
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services; |
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�������������������(D)��implement the community educational |
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campaign; and |
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�������������������(E)��participate in project administered program |
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evaluation and research activities; |
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�������������(5)��provide technical assistance to the division to: |
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�������������������(A)��develop and implement standards for |
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selection of programs for inclusion in the project; and |
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�������������������(B)��develop standards for selection of the |
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community educational campaign described in Section 6 of this |
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article; |
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�������������(6)��submit an annual written report to the division |
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and to the legislature with recommendations for continuation, |
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elimination, or changes in the project; [and] |
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�������������(7)��evaluate the programs and the community |
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educational campaign, including an analysis of the effectiveness of |
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the project and the level of public awareness relating to family |
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violence; and |
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�������������(8)��assist the division in developing program |
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guidelines and in accrediting programs and providers providing |
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battering intervention and prevention services as conforming to |
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those guidelines. |
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�������Sec.�4A.��ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION |
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PROCESS. �With the assistance of the statewide nonprofit |
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organization described by Section 3(1) and after notifying the |
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licensing authorities described by Section 3(10), the division |
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shall adopt guidelines for programs and shall accredit programs and |
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providers providing battering intervention and prevention services |
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as conforming to those guidelines. �The division shall collect from |
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each program or provider that applies for accreditation under this |
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section a one-time application fee in an amount set by the Texas |
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Department of Criminal Justice. |
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�������SECTION�4.��Section 85.022, Family Code, is amended by |
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amending Subsection (a) and by adding Subsection (a-1) to read as |
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follows: |
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�������(a)��In a protective order, the court may order the person |
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found to have committed family violence to perform acts specified |
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by the court that the court determines are necessary or appropriate |
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to prevent or reduce the likelihood of family violence and may order |
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that person to: |
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�������������(1)��complete a battering intervention and prevention |
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program accredited under�[as provided by] Article 42.141, Code of |
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Criminal Procedure[, and that meets the guidelines adopted by the
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community justice assistance division of the Texas Department of
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Criminal Justice if a program is available]; |
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�������������(2)��beginning on September 1, 2008, if the referral |
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option under Subdivision (1) is not available, complete a program |
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or counsel with a provider that has begun the accreditation process |
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described by Subsection (a-1); or |
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�������������(3)��if the referral option under Subdivision (1) or, |
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beginning on September 1, 2008, the referral option under |
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Subdivision (2) is not available, counsel with a social worker, |
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family service agency, physician, psychologist, licensed |
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therapist, or licensed professional counselor who has completed |
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family violence intervention training that the community justice |
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assistance division of the Texas Department of Criminal Justice has |
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approved, after consultation with the licensing authorities |
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described by Chapters 152, 501, 502, 503, and 505, Occupations |
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Code, and experts in the field of family violence�[if a program
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under Subdivision (1) is not available; or
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�������������[(3)��perform acts specified by the court that the
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court determines are necessary or appropriate to prevent or reduce
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the likelihood of family violence]. |
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�������(a-1)��Beginning on September 1, 2009, a program or provider |
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serving as a referral option for the courts under Subsection (a)(1) |
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or (2) must be accredited under Section 4A, Article 42.141, Code of |
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Criminal Procedure, as conforming to program guidelines under that |
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article. |
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�������SECTION�5.��Subsection (a), Section 85.024, Family Code, is |
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amended to read as follows: |
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�������(a)��A person found to have engaged in family violence who is |
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ordered to attend a program or counseling under Section |
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85.022(a)(1), [or] (2), or (3) shall file with the court an |
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affidavit before the 60th day after the date the order was rendered |
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stating either that the person has begun the program or counseling |
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or that a program or counseling is not available within a reasonable |
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distance from the person's residence. A person who files an |
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affidavit that the person has begun the program or counseling shall |
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file with the court before the date the protective order expires a |
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statement that the person completed the program or counseling not |
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later than the 30th day before the expiration date of the protective |
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order. An affidavit under this subsection must be accompanied by a |
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letter, notice, or certificate from the program or counselor that |
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verifies the person's completion of the program or counseling. A |
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person who fails to comply with this subsection may be punished for |
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contempt of court under Section 21.002, Government Code. |
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�������SECTION�6.��(a)��The changes in law made by Sections 1, 4, |
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and 5 of this Act apply only to a court order granting community |
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supervision or a protective order or a modification of the order |
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that is rendered on or after the effective date of this Act. A court |
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order granting community supervision or a protective order or a |
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modification of the order that is rendered before the effective |
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date of this Act is governed by the law in effect on the date the |
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order or modification was rendered, and the former law is continued |
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in effect for that purpose. |
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�������(b)��Not later than April 1, 2008, the community justice |
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assistance division of the Texas Department of Criminal Justice |
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shall adopt the guidelines required by Section 4A, Article 42.141, |
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Code of Criminal Procedure, as added by this Act. |
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�������SECTION�7.��In implementing this Act, the Texas Department |
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of Criminal Justice may not use any funds specifically appropriated |
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by the legislature for a statewide allocation of grants to local |
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nonprofit organizations for battering intervention and prevention |
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programs. |
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�������SECTION�8.��This Act takes effect September 1, 2007. |
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______________________________����______________________________ |
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President of the Senate�������������Speaker of the House |
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�������I hereby certify that S.B.�No.�44 passed the Senate on |
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April�4,�2007, by the following vote: Yeas�30, Nays�0; and that |
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the Senate concurred in House amendment on May�3,�2007, by the |
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following vote: Yeas�30, Nays�0. |
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______________________________� |
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���Secretary of the Senate |
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�������I hereby certify that S.B.�No.�44 passed the House, with |
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amendment, on May�1,�2007, by the following vote: Yeas�145, |
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Nays�0, one present not voting. |
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______________________________� |
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���Chief Clerk of the House |
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Approved: |
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______________________________� |
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______________________________� |
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������������Date |
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______________________________� |
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______________________________� |
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����������Governor |