S.B. 123
By: Bivins (Gallego)
Committee Report (Unamended)


Despite counseling and therapy efforts, a significant percentage of
certain sex offenders are rearrested.  Testosterone, which is known to be
linked to aggression and sexual impulse, cannot be produced if an
orchiectomy (castration) is performed.  In European countries, voluntary
castration has been used as a method of treatment and some studies
indicate recidivism rates for sex offenders have been measured between 2
and 11 percent. 


As proposed, S.B. 123 authorizes voluntary orchiectomy as a treatment for
repeat sex offenders.   


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


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


(a)  Authorizes a physician employed or retained by the department to
perform an orchiectomy on an inmate only if:  

(1) the inmate has been convicted of an offense under Sec. 21.11, Sec.
22.011(a)(2), or Sec. 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) a psychiatrist and a psychologist, appointed by the department, who
have previous experience treating sex offenders, evaluate the inmate and
determine that the inmate is a suitable candidate for the procedure; and
counsel the inmate before the inmate undergoes the procedure; 

(6) the physician obtains the inmate's informed, written consent;

(7) the inmate has not previously requested that the department perform
the procedure and subsequently withdrawn the request; and 

(8) 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. Provides that an inmate who withdraws his request
to undergo an orchiectomy is ineligible to have the procedure performed by
the department. 

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

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

(e) Provides that the name of an inmate who requests 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 a monitor to assist an inmate in the inmate's
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: ensure 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 orchiectomy to the
inmate if the monitor believes the inmate is not adequately informed;
determine whether the inmate is free from coercion in his decision to have
an orchiectomy; advise the inmate to withdraw his request for the
procedure if the monitor determines the inmate is being coerced to have
the 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. 


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

(b) Requires the department, during the study period, with respect to each
inmate who undergoes an orchiectomy and who volunteers to undergo the
evaluations described in this subsection, to provide for the psychiatric
or psychological evaluation of the inmate, and periodic monitoring and
medical evaluation of the presence of the hormone testosterone in the
inmate's body. 

(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) Allows 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 a defendant from
offering to a judge or jury, 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 (f), to prohibit a judge from requiring a defendant
to undergo an orchiectomy as a condition of community supervision. 

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

SECTION 5.  Emergency clause.