By: Bivins S.B. No. 322 73R4415 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the treatment of repeat sex offenders. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 501, Government Code, is 1-5 amended by adding Sections 501.059 and 501.060 to read as follows: 1-6 Sec. 501.059. ORCHIECTOMY FOR SEX OFFENDERS. (a) A 1-7 physician employed or retained by the department may perform an 1-8 orchiectomy on an inmate only if: 1-9 (1) the inmate has been convicted of an offense under 1-10 Section 21.11, 22.011, 22.021, or 25.02, Penal Code, and has 1-11 previously been convicted under one or more of those sections; 1-12 (2) the inmate is 21 years of age or older; 1-13 (3) the inmate requests the procedure in writing; 1-14 (4) the inmate signs a statement admitting the inmate 1-15 committed the offense described by Subsection (a)(1) for which the 1-16 inmate has been convicted; 1-17 (5) the inmate obtains written consent for the 1-18 physician to perform the procedure from the inmate's spouse if the 1-19 inmate is married; 1-20 (6) a psychiatrist and a psychologist who are 1-21 appointed by the department and have experience in the treatment of 1-22 sex offenders evaluate and counsel the inmate before the inmate 1-23 undergoes the procedure; and 1-24 (7) the physician obtains the inmate's informed, 2-1 written consent to undergo the procedure. 2-2 (b) The inmate may change his decision to undergo an 2-3 orchiectomy at any time before the physician performs the 2-4 procedure. 2-5 (c) Either the psychiatrist or psychologist appointed by the 2-6 department under this section must be a member of the staff of a 2-7 medical facility under contract with the department or the 2-8 institutional division to treat inmates in the division. 2-9 (d) A physician who performs an orchiectomy on an inmate 2-10 under this section is not liable for an act or omission relating to 2-11 the procedure unless the act or omission constitutes negligence. 2-12 (e) The name of an inmate who requests an orchiectomy under 2-13 this section is confidential, and the department may use the 2-14 inmate's name only for purposes of notifying and providing 2-15 information to the inmate's spouse if the inmate is married. 2-16 Sec. 501.060. STUDY OF RATE OF RECIDIVISM AMONG SEX 2-17 OFFENDERS. (a) The department shall conduct a long-term study for 2-18 at least 10 years after the date an orchiectomy is performed under 2-19 Section 501.059 that measures the rate of recidivism among inmates 2-20 who undergo the procedure. 2-21 (b) During the study period under Subsection (a), the 2-22 department shall provide for the psychiatric or psychological 2-23 evaluation of an inmate who undergoes an orchiectomy under Section 2-24 501.059 and who volunteers to undergo the evaluation. 2-25 (c) Before each regular session of the legislature, the 2-26 department shall submit to the legislature a report that compares 2-27 the rate of recidivism of sex offenders released from the 3-1 institutional division who undergo an orchiectomy to the rate of 3-2 recidivism of those sex offenders who do not. 3-3 (d) The department may contract with a public or private 3-4 entity to conduct the study required under this section. 3-5 SECTION 2. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended, 3-10 and that this Act take effect and be in force from and after its 3-11 passage, and it is so enacted.