SRC-MAX S.B. 123 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 123
By: Bivins
Criminal Justice
5-20-97
            As Filed

DIGEST 

Currently,  there is no legislation which offers orchiectomy (castration)
as a treatment for repeat sex offenders.  In United States approximately
50 percent of sex offenders are rearrested.  In European countries
voluntary castration has been used as a method of treatment, and some
recidivism rates for sex offenders have been measured between 2 and 11
percent.  S.B. 123 authorizes voluntary orchiectomy for an inmate
convicted of sexual offense under certain conditions.   
   
PURPOSE

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

RULEMAKING AUTHORITY

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.  Authorizes a
physician employed or retained by the Texas Department of Criminal Justice
(department) to perform an orchiectomy on an inmate only under certain
conditions and circumstances.  
Authorizes the inmate to change his decision to undergo an orchiectomy at
any time and an inmate who withdraws his request to undergo a orchiectomy
is ineligible to undergo the procedure.   Requires the psychiatrist or
psychologist to be a member of the staff of a medical facility under
contract with the department or the institutional division of the
department to treat inmates in the division.  Provides that the physician
who performs an orchiectomy on an inmate is not liable for an act or
omission relating to the procedure unless negligence is found.  Provides
that the inmate's name is confidential and the department may use the
inmate's name to notify the inmate's spouse if applicable.   Requires the
executive director of the Texas State Board of Medical Examiners to
appoint a monitor to assist an inmate in his decision to have an
orchiectomy.  Requires the monitor to have experience in a relating field
and to consult with the inmate for certain purposes.  Provides that a
monitor is not liable for damages arising from an act or omission unless
the act or omission was intentional or grossly negligent.       
 
Sec.  501.062.  STUDY OF RATE OF RECIDIVISM AMONG SEX OFFENDERS. Requires
the department to conduct a long-term study for at least 10 years after
the date an orchiectomy is performed under Section 501.061 to measure the
rate of recidivism among inmates who undergo the procedure.  Requires the
department to provide certain services to an inmate who undergoes an
orchiectomy and participates in the long-term study.  Requires the
department to submit to the legislature a report dealing with the rate of
recidivism for sex offenders released from the institutional division of
the department who have undergone an orchiectomy and those sex offenders
who have not.  Authorizes the department to contract with a public or
private entity to conduct the study required under this section.   

SECTION 2. Amends Section 3, Article 37.07, Code of Criminal Procedure, by
adding Subsection (h) to prohibit the state and the defendant from
offering evidence before sentencing 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 release to mandatory
supervision. 

SECTION 5. Emergency clause.
  Effective date: upon passage.