1-1 By: Bivins, Sims S.B. No. 40
1-2 (In the Senate - Filed November 14, 1994; January 10, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 1, 1995, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; March 1, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the treatment of repeat sex offenders.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter B, Chapter 501, Government Code, is
1-11 amended by adding Sections 501.061 and 501.062 to read as follows:
1-12 Sec. 501.061. ORCHIECTOMY FOR CERTAIN SEX OFFENDERS. (a) A
1-13 physician employed or retained by the department may perform an
1-14 orchiectomy on an inmate only if:
1-15 (1) the inmate has been convicted of an offense under
1-16 Section 21.11, 22.011(a)(2), or 22.021(a)(2)(B), Penal Code, and
1-17 has previously been convicted under one or more of those sections;
1-18 (2) the inmate is 21 years of age or older;
1-19 (3) the inmate requests the procedure in writing;
1-20 (4) the inmate signs a statement admitting the inmate
1-21 committed the offense described by Subsection (a)(1) for which the
1-22 inmate has been convicted;
1-23 (5) the inmate obtains written consent for the
1-24 physician to perform the procedure from the inmate's spouse if the
1-25 inmate is married;
1-26 (6) a psychiatrist and a psychologist who are
1-27 appointed by the department and have experience in the treatment of
1-28 sex offenders evaluate and counsel the inmate before the inmate
1-29 undergoes the procedure; and
1-30 (7) the physician obtains the inmate's informed,
1-31 written consent to undergo the procedure.
1-32 (b) The inmate may change his decision to undergo an
1-33 orchiectomy at any time before the physician performs the
1-34 procedure.
1-35 (c) Either the psychiatrist or psychologist appointed by the
1-36 department under this section must be a member of the staff of a
1-37 medical facility under contract with the department or the
1-38 institutional division to treat inmates in the division.
1-39 (d) A physician who performs an orchiectomy on an inmate
1-40 under this section is not liable for an act or omission relating to
1-41 the procedure unless the act or omission constitutes negligence.
1-42 (e) The name of an inmate who requests an orchiectomy under
1-43 this section is confidential, and the department may use the
1-44 inmate's name only for purposes of notifying and providing
1-45 information to the inmate's spouse if the inmate is married.
1-46 Sec. 501.062. STUDY OF RATE OF RECIDIVISM AMONG SEX
1-47 OFFENDERS. (a) The department shall conduct a long-term study for
1-48 at least 10 years after the date an orchiectomy is performed under
1-49 Section 501.061 to measure the rate of recidivism among inmates who
1-50 undergo the procedure.
1-51 (b) During the study period under Subsection (a), the
1-52 department shall provide for the psychiatric or psychological
1-53 evaluation of an inmate who has undergone an orchiectomy under
1-54 Section 501.061 and who volunteers to undergo the evaluation.
1-55 (c) Before each regular session of the legislature, the
1-56 department shall submit to the legislature a report that compares
1-57 the rate of recidivism of sex offenders released from the
1-58 institutional division who have undergone an orchiectomy to the
1-59 rate of recidivism of those sex offenders who have not.
1-60 (d) The department may contract with a public or private
1-61 entity to conduct the study required under this section.
1-62 SECTION 2. Section 3, Article 37.07, Code of Criminal
1-63 Procedure, is amended by adding Subsection (h) to read as follows:
1-64 (h) Regardless of whether the punishment will be assessed by
1-65 the judge or the jury, neither the state nor the defendant may
1-66 offer before sentencing evidence that the defendant plans to
1-67 undergo an orchiectomy.
1-68 SECTION 3. Section 11, Article 42.12, Code of Criminal
2-1 Procedure, is amended by adding Subsection (e) to read as follows:
2-2 (e) A judge may not require a defendant to undergo an
2-3 orchiectomy as a condition of community supervision.
2-4 SECTION 4. Section 8, Article 42.18, Code of Criminal
2-5 Procedure, is amended by adding Subsection (r) to read as follows:
2-6 (r) A parole panel may not require an inmate to undergo an
2-7 orchiectomy as a condition of parole or release to mandatory
2-8 supervision.
2-9 SECTION 5. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.
2-16 * * * * *