The 82 nd Cameth :

1. The 82ndCameth: New Family Violence Legislation and Practical Implementation

2. Questions Questions Questions Questions Questions Comments Comments Comments Comments Questions Questions Questions Questions The Docket Questions Additional Changes to the Codes A little “Do ya recognize?” TCFV’s Legislative Agenda

3. Coalition of Family Violence Shelter Programs WHO ARE WE? Support to Service Providers Policy Prevention

4. Full Funding The Legislature appropriated level funding of $51.4 million for family violence services over the biennium.

5. Full Funding The Legislature appropriated level funding of $51.4 million for family violence services over the biennium.

6. Full Funding In Rider 56, the Legislature directed CJAD to allocate $1.25 million for Battering Intervention and Prevention Programs over the biennium.

7. The Public Policy Committee

11. 3.4 millionpeople are stalked annually. Stalking 81% of stalking victims who were stalked by intimate partners reported that they had also been physically assaulted by that partner. 76% of femicide cases involved at least one episode of stalking within a year prior to the murder. Women are at nearly three times greater risk of being stalked than men. 30% of victims are stalked by current or former intimate partners. 66% of stalkers pursue their victim at least once a week.

12. SB82 • Caption: Relating to the prosecution of the offense of stalking.

13. SB82 • Caption: Relating to the prosecution of the offense of stalking.

15. Sec. 42.072.  STALKING. (a)  A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct[, including following the other person,] that: SB82 • Caption: Relating to the prosecution of the offense of stalking.

16. (1)  the actor knows or reasonably believes the other person will regard as threatening: (A)  bodily injury or death for the other person; (B)  bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or (C)  that an offense will be committed against the other person's property; SB82 • Caption: Relating to the prosecution of the offense of stalking.

17. (2)  causes the other person, [or] a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person's property; and (3)  would cause a reasonable person to fear: (A)  bodily injury or death for himself or herself; (B)  bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship; or (C)  that an offense will be committed against the person's property. SB82 • Caption: Relating to the prosecution of the offense of stalking.

18. (b)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section: (1)  the laws of another state; (2)  the laws of a federally recognized Indian tribe; (3)  the laws of a territory of the United States; or (4)  federal law. SB82 • Caption: Relating to the prosecution of the offense of stalking.

19. Chapter 13, Code of Criminal Procedure, is amended by adding Article 13.36 to read as follows: Art. 13.36.  STALKING. The offense of stalking may be prosecuted in any county in which an element of the offense occurred. SB82 • Caption: Relating to the prosecution of the offense of stalking.

20. Art. 13.36.  STALKING. The offense of stalking may be prosecuted in any county in which an element of the offense occurred. SB82 • Caption: Relating to the prosecution of the offense of stalking.

21. Art. 38.46.  EVIDENCE IN PROSECUTIONS FOR STALKING. (a)  In a prosecution for stalking, each party may offer testimony as to all relevant facts and circumstances that would aid the trier of fact in determining whether the actor's conduct would cause a reasonable person to experience a fear described by Section 42.072(a)(3)(A), (B), or (C), Penal Code, including the facts and circumstances surrounding any existing or previous relationship between the actor and the alleged victim, a member of the alleged victim's family or household, or an individual with whom the alleged victim has a dating relationship. (b)  This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas Rules of Evidence or other applicable law. SB82 • Caption: Relating to the prosecution of the offense of stalking.

23. SB434 • Caption: Relating to the relationship between domestic violence and child abuse and neglect.

24. SB434 • Caption: Relating to the relationship between domestic violence and child abuse and neglect.

25. Sec. 531.952.  ESTABLISHMENT OF TASK FORCE; COMPOSITION. (a)  The task force is established to examine the relationship between family violence and child abuse and neglect, develop policy recommendations, if needed, to address issues and effects resulting from that relationship, and develop comprehensive statewide best practices guidelines for both child protective services and family violence shelter centers. SB434 • Caption: Relating to the relationship between domestic violence and child abuse and neglect.

26. Sec. 531.952.  ESTABLISHMENT OF TASK FORCE; COMPOSITION. (a)  The task force is established to examine the relationship between family violence and child abuse and neglect, develop policy recommendations, if needed, to address issues and effects resulting from that relationship, and develop comprehensive statewide best practices guidelines for both child protective services and family violence shelter centers. SB434 • Caption: Relating to the relationship between domestic violence and child abuse and neglect.

27. SB736 • Caption: Relating to membership and duties of local school health advisory councils.

28. SB736 • Caption: Relating to membership and duties of local school health advisory councils.

29. (d)  The board of trustees shall appoint at least five members to the local school health advisory council. A majority of the members must be persons who are parents of students enrolled in the district and who are not employed by the district. One of those members shall serve as chair or co-chair of the council. The board of trustees also may appoint one or more persons from each of the following groups or a representative from a group other than a group specified under this subsection: (1)  public school teachers; (2)  public school administrators; (3)  district students; (4)  health care professionals; (5)  the business community; (6)  law enforcement; (7)  senior citizens; (8)  the clergy; [and] (9)  nonprofit health organizations; and (10)  local domestic violence programs. SB736 • Caption: Relating to membership and duties of local school health advisory councils.

30. (d)  The board of trustees shall appoint at least five members to the local school health advisory council. A majority of the members must be persons who are parents of students enrolled in the district and who are not employed by the district. One of those members shall serve as chair or co-chair of the council. The board of trustees also may appoint one or more persons from each of the following groups or a representative from a group other than a group specified under this subsection: (1)  public school teachers; (2)  public school administrators; (3)  district students; (4)  health care professionals; (5)  the business community; (6)  law enforcement; (7)  senior citizens; (8)  the clergy; [and] (9)  nonprofit health organizations; and (10)  local domestic violence programs. SB736 • Caption: Relating to membership and duties of local school health advisory councils.

32. HB2496 • Caption:Relating to creating a teen dating violence court program.

33. HB2496 • Caption:Relating to creating a teen dating violence court program.

34. Sec. 54.0325.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM. (3)  "Teen dating violence court program" means a program that includes: (A)  a 12-week program designed to educate children who engage in dating violence and encourage them to refrain from engaging in that conduct; (B)  a dedicated teen victim advocate who assists teen victims by offering referrals to additional services, providing counseling and safety planning, and explaining the juvenile justice system; (C)  a court-employed resource coordinator to monitor children's compliance with the 12-week program; (D)  one judge who presides over all of the cases in the jurisdiction that qualify for the program; and (E)  an attorney in the district attorney's office or the county attorney's office who is assigned to the program. HB2496 • Caption:Relating to creating a teen dating violence court program.

35. (b)  On the recommendation of the prosecuting attorney, the juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child is a first offender who is alleged to have engaged in conduct: (1)  that violated a penal law of this state of the grade of misdemeanor; and (2)  involving dating violence. HB2496 • Caption:Relating to creating a teen dating violence court program.

36. (c)  For the purposes of Subsection (b), a first offender is a child who has not previously been referred to juvenile court for allegedly engaging in conduct constituting dating violence, family violence, or an assault. (d)  Before implementation, the teen dating violence court program must be approved by: (1)  the court; and (2)  the commissioners court of the county. HB2496 • Caption:Relating to creating a teen dating violence court program.

37. HB2662 • Caption: Relating to child abduction.

38. HB2662 • Caption: Relating to child abduction.

39. SECTION 1.  Article 63.001(3), Code of Criminal Procedure, is amended to read as follows: (3)  "Missing child" means a child whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that: (A)  the child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; (B)  the child voluntarily left the care and control of the [his legal] custodian without the custodian's consent and without intent to return; [or] (C)  the child was taken or retained in violation of the terms of a court order for possession of or access to the child; or (D)  the child was taken or retained without the permission of the custodian and with the effect of depriving the custodian of possession of or access to the child unless the taking or retention of the child was prompted by the commission or attempted commission of family violence, as defined by Section 71.004, Family Code, against the child or the actor. HB2662 • Caption: Relating to child abduction.

40. SB578 • Relating to the testimony of children in criminal cases.

41. SB578 • Relating to the testimony of children in criminal cases.

42. Art. 38.074.  TESTIMONY OF CHILD IN PROSECUTION OF OFFENSE Sec. 1.  In this article: (1)  "Child" has the meaning assigned by Section 22.011(c), Penal Code. (2)  "Support person" means any person whose presence would contribute to the welfare and well-being of a child. Sec. 2.  This article applies to the testimony of a child in any hearing or proceeding in the prosecution of any offense, other than the testimony of a child in a hearing or proceeding in a criminal case in which that child is the defendant. SB578 • Relating to the testimony of children in criminal cases.

43. Sec. 3.  (a)  A court shall: (1)  administer an oath to a child in a manner that allows the child to fully understand the child's duty to tell the truth; (2)  ensure that questions asked of the child are stated in language appropriate to the child's age; (3)  explain to the child that the child has the right to have the court notified if the child is unable to understand any question and to have a question restated in a form that the child does understand; (4)  ensure that a child testifies only at a time of day when the child is best able to understand the questions and to undergo the proceedings without being traumatized, including: (A)  limiting the duration of the child's testimony; (B)  limiting the timing of the child's testimony to the child's normal school hours; or (C)  ordering a recess during the child's testimony when necessary for the energy, comfort, or attention span of the child; and SB578 • Relating to the testimony of children in criminal cases.

44. Sec. 3.  (a)  A court shall: (1)  administer an oath to a child in a manner that allows the child to fully understand the child's duty to tell the truth; (2)  ensure that questions asked of the child are stated in language appropriate to the child's age; (3)  explain to the child that the child has the right to have the court notified if the child is unable to understand any question and to have a question restated in a form that the child does understand; (4)  ensure that a child testifies only at a time of day when the child is best able to understand the questions and to undergo the proceedings without being traumatized, including: (A)  limiting the duration of the child's testimony; (B)  limiting the timing of the child's testimony to the child's normal school hours; or (C)  ordering a recess during the child's testimony when necessary for the energy, comfort, or attention span of the child; and (5)  prevent intimidation or harassment of the child by any party and, for that purpose, rephrase as appropriate any question asked of the child. SB578 • Relating to the testimony of children in criminal cases.

45. (b)  On the motion of any party, or a parent, managing conservator, guardian, or guardian ad litem of a child or special advocate for a child, the court shall allow the child to have a toy, blanket, or similar comforting item in the child's possession while testifying or allow a support person to be present in close proximity to the child during the child's testimony if the court finds by a preponderance of the evidence that: (1)  the child cannot reliably testify without the possession of the item or presence of the support person, as applicable; and (2)  granting the motion is not likely to prejudice the trier of fact in evaluating the child's testimony. (c)  A support person who is present during a child's testimony may not: (1)  obscure the child from the view of the defendant or the trier of fact; (2)  provide the child with an answer to any question asked of the child; or (3)  assist or influence the testimony of the child. (d)  The court may set any other conditions and limitations on the taking of the testimony of a child that it finds just and appropriate, considering the interests of the child, the rights of the defendant, and any other relevant factors. SB578 • Relating to the testimony of children in criminal cases.

46. (b)  On the motion of any party, or a parent, managing conservator, guardian, or guardian ad litem of a child or special advocate for a child, the court shall allow the child to have a toy, blanket, or similar comforting item in the child's possession while testifying or allow a support person to be present in close proximity to the child during the child's testimony if the court finds by a preponderance of the evidence that: (1)  the child cannot reliably testify without the possession of the item or presence of the support person, as applicable; and (2)  granting the motion is not likely to prejudice the trier of fact in evaluating the child's testimony. (c)  A support person who is present during a child's testimony may not: (1)  obscure the child from the view of the defendant or the trier of fact; (2)  provide the child with an answer to any question asked of the child; or (3)  assist or influence the testimony of the child. (d)  The court may set any other conditions and limitations on the taking of the testimony of a child that it finds just and appropriate, considering the interests of the child, the rights of the defendant, and any other relevant factors. SB578 • Relating to the testimony of children in criminal cases.

47. The House

48. Caption: Relating to the issuance and duration of certain protective orders for victims of sexual assault. HB649

49. Caption: Relating to the issuance and duration of certain protective orders for victims of sexual assault. HB649

50. Caption: Relating to the issuance and duration of certain protective orders for victims of sexual assault. HB649 Art. 7A.03.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) At the close of a hearing on an application for a protective order under this chapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of a sexual assault [and: [(1)  is younger than 18 years of age; or [(2)  regardless of age, is the subject of a threat that reasonably places the  applicant in fear of further harm from the alleged offender]. (b)  If the court finds reasonable grounds to believe that the applicant is the victim of a sexual assault [and is younger than 18 years of age, or regardless of age, the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender], the court shall issue a protective order that includes a statement of the required findings.