BILL ANALYSIS



S.B. 40
By: Bivins (Gallego)
05-02-95
Committee Report (Unamended)


BACKGROUND

Orchiectomy (castration) inhibits the production of testosterone,
which has been linked to both aggression and sexual impulse. 
Currently, in the United States, where incarcerations, therapy, and
counseling are used, about 50 percent of all sex offenders are
rearrested, although the actual rate may be different because non-reported crimes cannot be accounted for.  In European countries,
voluntary castration has been used as method of treatment, and some
studies say recidivism rates for sex offenders have been measured
between 2 and 11 percent.

PURPOSE

The purpose of Senate Bill 40 is to authorize a repeat offender to
voluntarily choose an orchiectomy as a rehabilitative measure.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 501, Government Code, by
adding Sections 501.061 and 501.062, as follows:

     Sec. 501.061. ORCHIECTOMY FOR CERTAIN SEX OFFENDERS.

(a) Authorizes a physician employed by the Department of Criminal
Justice to perform an orchiectomy on an inmate only if:

     (1) the inmate had been convicted of an offense under Section
     21.11, 22.011(a)(2), or 22.021(a)(2)(B), Penal Code, and has
     previously been convicted of one or more of those sections;

     (2) the inmate is 21 years of age or older;

     (3) the inmate requests the procedure in writing;

     (4) the inmate signs a statement admitting guilt regarding the
     offenses described in Subsection (a)(1);

     (5) the inmate is evaluated and counselled preceding the
     procedure by a physiatrist and a psychologist who have
     previous experience treating sex offenders;

     (6) the physician receives the inmates's informed, written
     consent;

     (7) the inmate consults with a monitor as provided by
     Subsection (f).

(b) Allows the inmate to reverse his decision at any time before
the procedure is performed.

(c) Requires either the psychiatrist or psychologist appointed by
the department to be a member of the department medical staff or
under contract to treat inmates.

(d) Grants the physician who performs the procedure immunity from
liability for an act or omission unless the act or omission
constitutes negligence.

(e) Provides that the name of an inmate who request this procedure
is confidential, and the department may use the inmate's name only
to notify and provide information to the inmate's spouse if the
inmate is married.

(f) Requires the executive director of the Texas State Board of
Medical Examiners to appoint, in consultation with two or more
executive directors of college or university institutes or centers
for the study of medical ethics or medical humanities, a monitor to
assist an inmate in his decision to have an orchiectomy.  Provides
that the monitor must have experience in the mental health field,
in law, and in ethics.  Requires the monitor to consult with the
inmate to determine whether adequate information regarding the
procedure has been provided to the inmate by medical professionals
providing treatment or advice to the inmate; provide information
regarding the procedure to the inmate if the monitor believes the
inmate is not adequately informed about the procedure; determine
whether the inmate is free from coercion in his decision regarding
the orchiectomy; and advise the inmate to withdraw his request for
an orchiectomy if the monitor determines the inmate is being
coerced to have an orchiectomy.

(g) Provides that a monitor appointed under Subsection (f) is not
liable for damages arising from an act or omission unless the act
or omission was intentional or grossly negligent.

     Sec. 501.062.  STUDY OF RATE OF RECIDIVISM AMONG SEX
     OFFENDERS. 

(a) Requires the department to conduct a long-term study for at
least 10 years after the date that an orchiectomy is performed,
that measures the rate of recidivism, for inmates who undergo the
procedure. 

(b) Requires the department, as part of the study, to provide for
the psychiatric or   psychological evaluation of an inmate who has
undergone the procedure and who volunteers to undergo the
evaluation.

(c) Requires the department to submit to each legislature a report
that compares the rate of recidivism of released sex offenders who
have undergone the procedure to the rate of offenders who have not.

(d) Authorizes the department to contract with a public or private
entity to conduct the study.

SECTION 2.  Amends Section 3. Article 37.07, Code of Criminal
Procedure, by adding Subsection (h), to prohibit the state or the
defendant from offering before sentencing evidence that the
defendant plans to undergo an orchiectomy.

SECTION 3.  Amends Section 11, Article 42.12, Code of Criminal
Procedure, by adding Subsection (e), to prohibit a judge from
requiring a defendant to undergo the procedure as a condition of
community supervision.

SECTION 4.  Amends Section 8, Article 42.18, Code of Criminal
Procedure, by adding Subsection (r) to prohibit a parole panel from
requiring an inmate to undergo the procedure as a condition of
parole or release to mandatory supervision.

SECTION 5. Emergency clause.  Effective date:  upon passage.

SUMMARY OF COMMITTEE ACTION

S.B. 40 was considered by the Committee on Corrections in a public
hearing on May 2, 1995.  The Chair recognized Representative
Gallego to explain the bill. 

The Chair recognized the following person to testify in favor of
the bill:
     Dr. William J. Winslade, representing himself.

The Chair recognized the following person to testify neutrally on
the bill:
     Carl Reynolds, representing the Texas Board of Criminal
     Justice.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 2 nays, 0 pnv, and 2 absent.