SB1575 - Relating to the development and implementation of an all-hazards court security plan, composition and recommendations of court security committees, and increasing the penalty for certain criminal offenses committed against an employee of a court or the office.

  2025S0127-T 02/21/25     By: Zaffirini S.B. No. 1575     A BILL TO BE ENTITLED   AN ACT   relating to the development and implementation of an all-hazards   court security plan, composition and recommendations of court   security committees, and increasing the penalty for certain   criminal offenses committed against an employee of a court or the   office.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 29.014, Government Code, is amended by   amending Subsections (c) and (d) and adding Subsection (e) to read   as follows:          (c)  The committee shall establish the policies and   procedures including a court emergency management plan necessary to   provide adequate security to the municipal courts served by the   presiding or municipal judge, as applicable.          (d)  A committee shall [ may ] recommend to the municipality   the uses of resources and expenditures of money for courthouse   security, but may not direct the assignment of those resources or   the expenditure of those funds. The municipality shall give   preference to the court security committee's recommendations   regarding the expenditures of funds when considering use of funds   collected under the Code of Criminal Procedure Art. 102.017.           (e)     A court security committee established under Sec.   74.092(13) is not a governmental body as defined under Sec.   551.001(3).          SECTION 2.  Section 30.00007, Government Code, is amended by   amending Subsections (b) and (c) and adding Subsection (d) to read   as follows:          (b)  The presiding judge shall:                (1)  maintain a central docket for cases filed within   the territorial limits of the municipality over which the municipal   courts of record have jurisdiction;                (2)  provide for the distribution of cases from the   central docket to the individual municipal judges to equalize the   distribution of business in the courts;                (3)  request the jurors needed for cases that are set   for trial by jury;                (4)  temporarily assign judges or substitute judges to   exchange benches and to act for each other in a proceeding pending   in a court if necessary for the expeditious disposition of business   in the courts;                (5)  supervise and control the operation and clerical   functions of the administrative department of each court, including   the court's personnel, during the proceedings of the court; and                (6)  establish a court security committee to adopt   security policies and procedures including a court emergency   management plan for the courts served by the presiding judge that is   composed of:                      (A)  the presiding judge, or the presiding judge's   designee, who serves as presiding officer of the committee;                      (B)  a representative of the law enforcement   agency or other entity that provides the primary security for the   court;                      (C)  a representative of the municipality; and                      (D)  any other person the committee determines   necessary to assist the committee.          (c)  A court security committee shall [ may ] recommend to the   governing body the uses of resources and expenditures of money for   courthouse security, but may not direct the assignment of those   resources or the expenditure of those funds. The municipality   shall give preference to the court security committee's   recommendations regarding the expenditures of funds when   considering use of funds collected under Code of Criminal Procedure   Art. 102.017.           (d)     A court security committee established under Sec.   74.092(13) is not a governmental body as defined under Sec.   551.001(3).          SECTION 3.  Section 72.015(c), Government Code, is amended   to read as follows:          (c)  The judicial security division shall:                (1)  serve as a central resource for information on   local and national best practices for court security and the safety   of court personnel;                (2)  provide an expert opinion on the technical aspects   of court security; [ and ]                (3)  keep abreast of and provide training on recent   court security improvements ; and                 (4)     develop a model court emergency management plan as   a resource for court security committees .          SECTION 4.  Section 74.092, Government Code, is amended to   read as follows:          Sec. 74.092.  DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A   local administrative judge, for the courts for which the judge   serves as local administrative judge, shall:                (1)  implement and execute the local rules of   administration, including the assignment, docketing, transfer, and   hearing of cases;                (2)  appoint any special or standing committees   necessary or desirable for court management and administration;                (3)  promulgate local rules of administration if the   other judges do not act by a majority vote;                (4)  recommend to the regional presiding judge any   needs for assignment from outside the county to dispose of court   caseloads;                (5)  supervise the expeditious movement of court   caseloads, subject to local, regional, and state rules of   administration;                (6)  provide the supreme court and the office of court   administration requested statistical and management information;                (7)  set the hours and places for holding court in the   county;                (8)  supervise the employment and performance of   nonjudicial personnel;                (9)  supervise the budget and fiscal matters of the   local courts, subject to local rules of administration;                (10)  coordinate and cooperate with any other local   administrative judge in the district in the assignment of cases in   the courts' concurrent jurisdiction for the efficient operation of   the court system and the effective administration of justice;                (11)  if requested by the courts the judge serves,   establish and maintain the lists required by Section 37.003 and   ensure appointments are made from the lists in accordance with   Section 37.004;                (12)  perform other duties as may be directed by the   chief justice or a regional presiding judge; and                (13)  establish a court security committee to adopt   security policies and procedures including a court emergency   management plan for the state and county trial courts in the county   [ courts served by the local administrative district judge ] that is   composed of:                      (A)  the local administrative district judge, or   the judge's designee, who serves as presiding officer of the   committee;                      (B)  a representative of the sheriff's office;                      (C)   a representative of a constable's office;                       (D)   a representative of the county commissioners   court;                       (E)  [ (D) ]  one judge of each type of court in the   county other than a municipal court or a municipal court of record;                       (F)  [ (E) ]  a representative of any county   attorney's office, district attorney's office, or criminal district   attorney's office that serves in the applicable courts; and                       (G)  [ (F) ]  any other person the committee   determines necessary to assist the committee.          (b)  A court security committee shall [ may ] recommend to the   county commissioners court the uses of resources and expenditures   of money for courthouse security, but may not direct the assignment   of those resources or the expenditure of those funds. The   commissioners court shall give preference to a court security   committee's recommendations regarding the expenditures of funds   when considering use of funds collected under Code of Criminal   Procedure Art. 102.017.           (c)     A court security committee established under Sec.   74.092(13) is not a governmental body as defined under Sec.   551.001(3).          SECTION 5.  Section 1.07(a), Penal Code, is amended by   adding Subdivision (14-a) to read as follows:                 (14-a) "Court personnel" is an employee whose duties   are performed on behalf of the administration of a court, including   but not limited to a court clerk, court coordinator, court   administrator, law clerk, and staff attorney.          SECTION 6.  Section 42.07, Penal Code, is amended by adding   Subsection (c-1) to read as follows:           (c-1)     Notwithstanding Subsection (c), an offense under this   section is:                 (1)   a Class A misdemeanor if the offense was committed   against court personnel;                 (2)   a state jail felony if the offense was committed:                         (A)   against court personnel and the actor has   been previously convicted under this section; or                       (B)   against a judge; or                 (3)   a third-degree felony if the offense was committed   against a judge and the actor has been previously convicted under   this section.          SECTION 7.  The changes in law made by this Act to Sections   1.07(a) and 42.07, Penal Code, apply only to an offense committed on   or after the effective date of this Act. An offense committed   before the effective date of this Act is governed by the law in   effect on the date the offense was committed, and the former law is   continued in effect for that purpose. For purposes of this section,   an offense was committed before the effective date of this Act if   any element of the offense occurred before that date.          SECTION 8.  As soon as practicable after [Text truncated for display. Full text available on LegiScan.]