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.