Tex. Code of Crim. Proc. Article 42.141
Battering Intervention and Prevention Program


Sec. 1. DEFINITIONS. In this article:

(1)

“Batterer” means a person who commits repeated acts of violence or who repeatedly threatens violence against another who is:

(A)

related to the actor by affinity or consanguinity, as determined under Chapter 573 (Degrees of Relationship; Nepotism Prohibitions), Government Code;

(B)

is a former spouse of the actor; or

(C)

resides or has resided in the same household with the actor.

(2)

“Division” means the community justice assistance division of the Texas Department of Criminal Justice.

(3)

“Family” has the meaning assigned by Section 71.003 (Family), Family Code.

(4)

“Family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.

(5)

“Shelter center” has the meaning assigned by Section 51.002 (Definitions), Human Resources Code.

(6)

“Household” has the meaning assigned by Section 71.005 (Household), Family Code.

(7)

“Program” means a battering intervention and prevention program that:

(A)

meets:
(i)
the guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice with the assistance of the statewide nonprofit organization described by Section 3(1); and
(ii)
any other eligibility requirements adopted by the Texas Department of Criminal Justice; and

(B)

provides, on a local basis to batterers referred by the courts for intervention, educational services and intervention designed to help the batterers stop their abusive behavior.

(8)

“Project” means the statewide activities for the funding of battering intervention and prevention programs, the related community educational campaign, and education and research regarding such programs.

(9)

“Responsive law enforcement climate” means an area where, in cases of family violence:

(A)

the local law enforcement agency has a policy or record of arresting batterers; and

(B)

the local criminal justice system:

(i)

cooperates with the victim in filing protective orders; and

(ii)

takes appropriate action against a person who violates protective orders.
Sec. 2. ESTABLISHMENT. The battering intervention and prevention program is established in the division.
Sec. 3. DUTIES OF THE DIVISION. The division shall:

(1)

contract with a nonprofit organization that for the five-year period before the date on which a contract is to be signed has been involved in providing to shelter centers, law enforcement agencies, and the legal community statewide advocacy and technical assistance relating to family violence, with the contract requiring the nonprofit organization to perform the duties described in Section (4) of this article;

(2)

seek the input of the statewide nonprofit organization described in Subdivision (1) in the development of standards for selection of programs for inclusion in the project and the review of proposals submitted by programs;

(3)

issue requests for proposals for the programs and an educational campaign not later than January 1, 1990;

(4)

award contracts for programs that are operated by nonprofit organizations and that take into consideration:

(A)

a balanced geographical distribution of urban, rural, and suburban models; and

(B)

the presence of a responsive law enforcement climate in the community;

(5)

develop and monitor the project in cooperation with the nonprofit organization described by Subdivision (1);

(6)

monitor the development of a community educational campaign in cooperation with the nonprofit organization described by Subdivision (1);

(7)

assist the nonprofit organization described by Subdivision (1) in designing program evaluations and research activities;

(8)

facilitate training of probation officers and other criminal justice professionals by the nonprofit organization described by Subdivision (1) and by programs;

(9)

seek the assistance of the nonprofit organization described by Subdivision (1) in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines; and

(10)

before adopting program guidelines under Section 4A:

(A)

notify the licensing authorities described by Chapters 152 (State Board of Medical Examiners), 501 (Psychologists), 502 (Marriage and Family Therapists), 503 (Licensed Professional Counselors), and 505 (Social Workers), Occupations Code, that the division is considering adopting program guidelines; and

(B)

invite the licensing authorities to comment on the program guidelines.
Sec. 4. DUTIES OF THE NONPROFIT ORGANIZATION. The nonprofit organization with which the division contracts under Section 3(1) shall:

(1)

assist the division in developing and issuing requests for proposals for the programs and the educational campaign;

(2)

assist the division in reviewing the submitted proposals and making recommendations for proposals to be selected for funding;

(3)

develop and monitor the project in cooperation with the division;

(4)

provide technical assistance to programs to:

(A)

develop appropriate services for batterers;

(B)

train staff;

(C)

improve coordination with shelter centers, the criminal justice system, the judiciary, law enforcement agencies, prosecutors, and other appropriate officials and support services;

(D)

implement the community educational campaign; and

(E)

participate in project administered program evaluation and research activities;

(5)

provide technical assistance to the division to:

(A)

develop and implement standards for selection of programs for inclusion in the project; and

(B)

develop standards for selection of the community educational campaign described in Section 6 of this article;

(6)

submit an annual written report to the division and to the legislature with recommendations for continuation, elimination, or changes in the project;

(7)

evaluate the programs and the community educational campaign, including an analysis of the effectiveness of the project and the level of public awareness relating to family violence; and

(8)

assist the division in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines.
Sec. 4A. ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION PROCESS. With the assistance of the statewide nonprofit organization described by Section 3(1) and after notifying the licensing authorities described by Section 3(10), the division shall adopt guidelines for programs and shall accredit programs and providers providing battering intervention and prevention services as conforming to those guidelines. The division shall collect from each program or provider that applies for accreditation under this section a one-time application fee in an amount set by the Texas Department of Criminal Justice.
Sec. 5. PROGRAMS. (a) A program proposal must:

(1)

describe the counseling or treatment the program will offer;

(2)

include letters from a local law enforcement agency or agencies, courts, probation officers, and other community resources describing the community’s commitment to improve the criminal justice system’s response to victims and batterers and to cooperate with and interact in the programs’ activities;

(3)

include a letter from the local shelter center describing the support services available to victims of family violence in the community and the shelter’s commitment to cooperate and work with the program; and

(4)

describe the public education and local community outreach activities relating to family violence currently available in the community and a statement of commitment to participate on the local level in the public educational campaign described in Section 6 of this article.

(b)

A program must:

(1)

be situated in a county in which a shelter center is located;

(2)

offer counseling or treatment in which the primary approach is direct intervention with the batterer, on an individual or group basis, but that does not require the victim of the family violence to participate in the counseling or treatment;

(3)

offer training to law enforcement prosecutors, judges, probation officers, and others on the dynamics of family violence, treatment options, and program activities; and

(4)

have a system for receiving referrals from the courts and for reporting to the court regarding batterers’ compliance with the treatment program.

(c)

This section does not preclude a program from serving a batterer other than one who was ordered by a court to participate in the program established under this subchapter.
Sec. 6. COMMUNITY EDUCATIONAL CAMPAIGN. (a) The division, with assistance from the nonprofit organization, shall select the community educational campaign relating to family violence after the commission has selected the programs. The campaign is to be implemented in the areas covered by the programs.

(b)

The campaign shall use a variety of media, including newspapers, radio, television, and billboards, and shall focus on:

(1)

the criminality of acts of violence toward family members;

(2)

the consequences of family violence crimes to the batterer; and

(3)

eradicating public misconceptions of family violence.
Sec. 7. USE OF LEGISLATIVE APPROPRIATION. Of a legislative appropriation for the project established under this article:

(1)

not more than six percent may be used by the division for management and administration of the project;

(2)

not more than 14 percent may be applied to the contract between the division and the nonprofit organization; and

(3)

not more than three percent may be applied to the contract for the community educational campaign.
Sec. 8. CONTRACT DATE. The contract required under Section 3(a) of this article shall be signed not later than November 1, 1989.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.05, eff. Sept. 1, 1989. Sec. 1(1) amended by Acts 1991, 72nd Leg., ch. 561, Sec. 11, eff. Aug. 26, 1991; Sec. 1(1)(A) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995; Sec. 1(3), (4), (6) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(i), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 113 (S.B. 44), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 113 (S.B. 44), Sec. 3, eff. September 1, 2007.

Source: Article 42.141 — Battering Intervention and Prevention Program, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42.­htm#42.­141 (accessed Jun. 5, 2024).

42.02
Sentence
42.04
Sentence When Appeal Is Taken
42.05
If Court Is About to Adjourn
42.07
Reasons to Prevent Sentence
42.08
Cumulative or Concurrent Sentence
42.10
Satisfaction of Judgment as in Misdemeanor Convictions
42.011
Judgment Affecting an Officer or Jailer
42.012
Finding that Controlled Substance Used to Commit Offense
42.013
Finding of Family Violence
42.014
Finding that Offense Was Committed Because of Bias or Prejudice
42.14
In Absence of Defendant
42.015
Finding of Age of Victim
42.15
Fines and Costs
42.016
Special Driver’s License or Identification Requirements for Certain Sex Offenders
42.16
On Other Judgment
42.017
Finding Regarding Age-based Offense
42.17
Transfer Under Treaty
42.018
Notice Provided by Clerk of Court
42.019
Motor Fuel Theft
42.20
Immunities
42.21
Notice of Release of Family Violence Offenders
42.22
Restitution Liens
42.023
Judge May Consider Alternative Sentencing
42.23
Notification of Court of Family Violence Conviction
42.24
Prohibiting Contact with Victim
42.025
Sentencing Hearing at Secondary School
42.25
Filing of Reporter Notes
42.033
Sentence to Serve Time During Off-work Hours
42.034
County Jail Work Release Program
42.035
Electronic Monitoring
42.036
Community Service
42.037
Restitution
42.038
Reimbursement for Confinement Expenses
42.039
Completion of Sentence in Federal Custody
42.111
Deferral of Proceedings in Cases Appealed to County Court
42.122
[Adult Probation Officers of the 222nd Judicial District
42.0131
Required Notice for Persons Convicted of Misdemeanors Involving Family Violence
42.141
Battering Intervention and Prevention Program
42.151
Fees for Abused Children’s Counseling
42.152
Repayment of Reward
42.0175
Finding Regarding Certain Health Care Professionals
42.0181
Notice of Theft, Fraud, Money Laundering, or Insurance Fraud Provided by Clerk of Court
42.0182
Findings Regarding Tax Fraud
42.0183
Notice of Family Violence Offenses Provided by Clerk of Court
42.0191
Finding Regarding Victims of Trafficking or Other Abuse
42.0192
Finding Regarding Offense Related to Performance of Public Service
42.0193
Finding Regarding Offense Related to Conduct of Certain Corrections Employees
42.0194
Finding Regarding Felony Conviction
42.0196
Finding Regarding Offense Related to Performance of Public Service
42.0197
Finding Regarding Gang-related Conduct
42.0198
Finding Regarding Delay in Arrest of Defendant
42.0199
Finding Regarding Diligent Participation Credit
42.0371
Mandatory Restitution for Kidnapped or Abducted Children
42.0372
Mandatory Restitution for Child Victims of Trafficking of Persons or Compelling Prostitution
42.0373
Mandatory Restitution for Child Witness of Family Violence
42.0375
Mandatory Restitution for Child of Victim of Intoxication Manslaughter
42.01991
Finding Regarding Agreement on Parole Eligibility for Certain Defendants

Accessed:
Jun. 5, 2024

Art. 42.141’s source at texas​.gov