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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil commitment of sexually violent predators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.055, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (j) to |
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read as follows: |
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(a) If a person, other than a person described by Subsection |
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(j), required to register under this chapter intends to change |
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address, regardless of whether the person intends to move to |
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another state, the person shall, not later than the seventh day |
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before the intended change, report in person to the local law |
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enforcement authority designated as the person's primary |
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registration authority by the department and to the juvenile |
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probation officer, community supervision and corrections |
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department officer, or parole officer supervising the person and |
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provide the authority and the officer with the person's anticipated |
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move date and new address. If a person, other than a person |
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described by Subsection (j), required to register changes address, |
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the person shall, not later than the later of the seventh day after |
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changing the address or the first date the applicable local law |
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enforcement authority by policy allows the person to report, report |
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in person to the local law enforcement authority in the |
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municipality or county in which the person's new residence is |
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located and provide the authority with proof of identity and proof |
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of residence. |
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(j) The Texas Civil Commitment Office shall report a change |
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in address to each local law enforcement authority serving as the |
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current or proposed primary registration authority for a person |
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required to register under this chapter who is: |
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(1) civilly committed as a sexually violent predator |
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under Chapter 841, Health and Safety Code; and |
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(2) required to reside in a location other than a civil |
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commitment center by: |
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(A) a court under Chapter 574, Health and Safety |
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Code; or |
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(B) the Texas Civil Commitment Office. |
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SECTION 2. Sections 841.0834(b) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(b) Without the office's approval, a committed person may |
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file a petition with the court for transfer to less restrictive |
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housing and supervision. The court shall grant the transfer if the |
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court determines that the transfer is in the best interests of the |
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person and conditions can be imposed that adequately protect the |
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community. A committed person who files a petition under this |
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subsection shall serve a copy of the petition on the office. |
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(d) Not later than the 90th day after the date a [A] |
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committed person is returned to a more restrictive setting under |
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Subsection (c), the committing court shall hold a hearing via |
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videoconference to [is entitled to file a petition with the court |
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seeking] review [of] the office's determination. The court shall |
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order the office to transfer the person to less restrictive housing |
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and supervision only if the court determines by clear and |
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convincing evidence that the office's determination was not made in |
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accordance with Subsection (c). The committed person may waive the |
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right to a hearing under this subsection. |
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SECTION 3. Section 841.0837, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.0837. EMERGENCY DETENTION ORDER. The [(a) In this |
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section, "peace officer" has the meaning assigned by Article 2.12, |
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Code of Criminal Procedure. |
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[(b) For the purpose of returning a committed person to a |
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more restrictive setting following a transfer to less restrictive |
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housing and supervision under Section 841.0834 or a release under |
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Section 841.0836, the] office may issue an emergency detention |
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order for a committed [the] person's immediate apprehension and |
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transportation to an office-designated [a] location for the purpose |
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of: |
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(1) returning the person to a more restrictive setting |
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following: |
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(A) a transfer to less restrictive housing and |
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supervision under Section 841.0834; or |
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(B) a release under Section 841.0836; or |
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(2) for a recently committed person who is not in the |
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custody of the Texas Department of Criminal Justice at the time the |
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commitment order is entered, bringing the person under the |
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supervision of [designated by] the office. |
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SECTION 4. Section 841.084, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A committed person, on request, shall provide to the |
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office any financial records or other information regarding the |
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person's income, assets, and expenses to assist the office in |
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determining whether the person is indigent for purposes of this |
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section. |
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SECTION 5. Section 841.151, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) Except as provided by Subsection (c-1), as [As] soon as |
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practicable before, but not later than the third business day |
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preceding, the date a correctional facility, secure correctional |
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facility, or secure detention facility releases a person who, at |
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the time of the person's detention or confinement, was civilly |
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committed under this chapter as a sexually violent predator, the |
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facility shall notify the office and the person's case manager in |
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writing of the anticipated date and time of the person's release. |
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(c-1) Subsection (c) does not apply with respect to a person |
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whom a court orders to be immediately released from a correctional |
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facility, secure correctional facility, or secure detention |
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facility. |
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SECTION 6. Section 841.0834(e), Health and Safety Code, is |
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repealed. |
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SECTION 7. Section 841.0834, Health and Safety Code, as |
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amended by this Act, applies only to a petition for transfer that is |
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filed or to a return to a more restrictive setting that occurs on or |
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after the effective date of this Act. A petition filed or a return |
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that occurs before the effective date of this Act is governed by the |
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law in effect on the date the petition was filed or the return |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. Section 841.151, Health and Safety Code, as |
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amended by this Act, applies only to the release of a committed |
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person that occurs on or after the effective date of this Act. The |
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release of a committed person that occurs before the effective date |
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of this Act is governed by the law in effect on the date the person |
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was released, and the former law is continued in effect for that |
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purpose. |
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SECTION 9. This Act takes effect September 1, 2021. |