Texas: Judge Julie Kocurek Judicial and Courthouse Security Act of 2017 clears Senate committee 7-0

A bill that would implement portions of the Texas Judicial Council review of security in the state has cleared the Senate. SB 42, originally discussed here, was passed by the Senate State Affairs committee today. The bill, as committee substituted, is named after Travis County District Judge Julie Kocurek who was the victim of an attempted assassination in 2015.

SB 42 makes numerous changes to laws related to court security, including

Certified Court Security Officers Requirement

  • Prohibits a person from serving as a court security officer unless the person holds a court security certification issued by a training program approved by the Texas Commission on Law Enforcement (TCOLE).
  • Requires TCOLE create model court security curriculum in consultation with the Office of Court Administration (OCA).
  • Grants person providing court security 1 year to obtain certification from date officer beings providing court security; currently serving officers have until September 1, 2019.
  • Requires the sheriff, constable, law enforcement agency, or other entity that provides security for a court to verify that each court security officer holds the required certification.

Court Security Committees (CSCs)

  • Requires the presiding judge, municipal judge, or local administrative judge (as applicable) of every court create a CSC and sets their composition.
  • Requires the CSCs establish the policies and procedures necessary to provide adequate security to the court(s).
  • Authorizes a CSC to recommend to county commissioners the uses of resources and expenditures of money for courthouse security, but prohibits a CSC from directing the assignment of those resources or the expenditure of those funds.

Training Fund

  • Creates a $5 fee on filings to go toward the existing Judicial and Court Personnel Training Fund.
  • Requires that the Court of Criminal Appeals (the state’s court of last resort in criminal cases) grant legal funds to statewide professional associations and other entities that provide training to individuals responsible for providing court security.
  • Requires the legislature appropriate from the Judicial and Court Personnel Training Fund money to the Court of Criminal Appeals to provide for, among certain programs, court security training programs for individuals responsible for providing court security.

Court Incident Reporting

  • Provides the sheriff or other law enforcement agency or entity that provides security for a court shall provide to the Office of Court Administration a written report regarding any court/courthouse security incident. A 2007 law currently places that responsibility on the local administrative judges.

Office of Court Administration,  Judicial Security Division

  • Requires OCA establish a judicial security division to provide guidance to state court personnel on improving security for each court.
  • Requires the Director of OCA to notify county registrars, the Texas Department of Public Safety (DPS), the Texas Ethics Commission (TEC), and any other state agency OCA determines should be notified of the judges, judges’ spouses, and related family members whose personal information must be kept from public records, as provided under Government Code 552.117.

Public Release/Availability of Personal Information on Judges

  • Defines “state judge” for purposes of non-release of personal information about “state judges”.
  • Include a current or former federal judge or state judge or a spouse of a current or former federal judge or state judge or a current or former district attorney, criminal district attorney, or county attorney whose jurisdiction includes any criminal law or child protective services matter, as persons whose information is excepted from the requirements of Section 552.021 (Availability of Public Information) if it is information that relates to certain personal information.
  • Allow judges to remove for themselves and their spouses their home addresses and other personal information from public records required to file for office, including information held by
    • the Texas Ethics Commission
    • local county registrars (related to voter registration)
    • local county clerks
    • tax appraisal records
    • driver’s licenses, and in lieu of personal address use courthouse address

Protection For Judges

  • Authorizes any commissioned peace officer, including a commissioned officer of the Department of Public Safety, to provide personal security to a state judge at any location, regardless of the location of the law enforcement agency or department that employs or commissions the peace officer.