By Bivins                                               S.B. No. 40
       74R547 NSC-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 501.061 and 501.062 to read as follows:
    1-6        Sec. 501.061.  ORCHIECTOMY FOR CERTAIN 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(a)(2), or 22.021(a)(2)(B), Penal Code, and
   1-11  has 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. 501.062.  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 501.061 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  501.061 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.  Section 3, Article 37.07, Code of Criminal
    3-6  Procedure, is amended by adding Subsection (h) to read as follows:
    3-7        (h)  Regardless of whether the punishment will be assessed by
    3-8  the judge or the jury, the state or the defendant may not offer
    3-9  before sentencing evidence that the defendant plans to undergo an
   3-10  orchiectomy.
   3-11        SECTION 3.  Section 11, Article 42.12, Code of Criminal
   3-12  Procedure, is amended by adding Subsection (e) to read as follows:
   3-13        (e)  A judge may not require a defendant to undergo an
   3-14  orchiectomy as a condition of community supervision.
   3-15        SECTION 4.  Section 8, Article 42.18, Code of Criminal
   3-16  Procedure, is amended by adding Subsection (r) to read as follows:
   3-17        (r)  A parole panel may not require an inmate to undergo an
   3-18  orchiectomy as a condition of parole or release to mandatory
   3-19  supervision.
   3-20        SECTION 5.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended,
   3-25  and that this Act take effect and be in force from and after its
   3-26  passage, and it is so enacted.