BILL ANALYSIS


                                                          S.B. 40
                                                       By: Bivins
                                        Health and Human Services
                                                         03-01-95
                                     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 incarceration, 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 a method of treatment, and
some studies say recidivism rates for sex offenders have been
measured between 2 and 11 percent.

PURPOSE

As Proposed, S.B. 40 authorizes a repeat sex offender to
voluntarily choose an orchiectomy as a rehabilitative measure.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 501B, 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 (department) to perform an orchiectomy on an inmate
     only if:
     
     (1)  the inmate has 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 offenses described in Subsection (a)(1);
         
         (5)  the spouse provides written consent, if the inmate is
         married;
         
         (6)  the inmate is evaluated and counselled preceding the
         procedure by a psychiatrist and a psychologist who have
         previous experience treating sex offenders;
         
         (7)  the physician receives the inmate's informed, written
         consent.
     (b)  Authorizes the inmate to reverse the 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)  Prohibits the department from releasing the inmate's
       name other than to notify the inmate's spouse if the inmate
       is married.
               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  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 and psychological evaluation of
       inmates who undergo the procedure.
       
       (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.