By: Bivins S.B. No. 123
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the treatment of repeat sex offenders.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter B, Chapter 501, Government Code, is
1-4 amended by adding Sections 501.061 and 501.062 to read as follows:
1-5 Sec. 501.061. ORCHIECTOMY FOR CERTAIN SEX OFFENDERS. (a) A
1-6 physician employed or retained by the department may perform an
1-7 orchiectomy on an inmate only if:
1-8 (1) the inmate has been convicted of an offense under
1-9 Section 21.11, 22.011(a)(2), or 22.021(a)(2)(B), Penal Code, and
1-10 has previously been convicted under one or more of those sections;
1-11 (2) the inmate is 21 years of age or older;
1-12 (3) the inmate requests the procedure in writing;
1-13 (4) the inmate signs a statement admitting the inmate
1-14 committed the offense described by Subsection (a)(1) for which the
1-15 inmate has been convicted;
1-16 (5) a psychiatrist and a psychologist who are
1-17 appointed by the department and have experience in the treatment of
1-18 sex offenders:
1-19 (A) evaluate the inmate and determine that the
1-20 inmate is a suitable candidate for the procedure; and
1-21 (B) counsel the inmate before the inmate
1-22 undergoes the procedure;
1-23 (6) the physician obtains the inmate's informed,
2-1 written consent to undergo the procedure;
2-2 (7) the inmate has not previously requested that the
2-3 department perform the procedure and subsequently withdrawn the
2-4 request; and
2-5 (8) the inmate consults with a monitor as provided by
2-6 Subsection (f).
2-7 (b) The inmate may change his decision to undergo an
2-8 orchiectomy at any time before the physician performs the
2-9 procedure. An inmate who withdraws his request to undergo an
2-10 orchiectomy is ineligible to have the procedure performed by the
2-11 department.
2-12 (c) Either the psychiatrist or psychologist appointed by the
2-13 department under this section must be a member of the staff of a
2-14 medical facility under contract with the department or the
2-15 institutional division to treat inmates in the division.
2-16 (d) A physician who performs an orchiectomy on an inmate
2-17 under this section is not liable for an act or omission relating to
2-18 the procedure unless the act or omission constitutes negligence.
2-19 (e) The name of an inmate who requests an orchiectomy under
2-20 this section is confidential, and the department may use the
2-21 inmate's name only for purposes of notifying and providing
2-22 information to the inmate's spouse if the inmate is married.
2-23 (f) The executive director of the Texas State Board of
2-24 Medical Examiners shall appoint, in consultation with two or more
2-25 executive directors of college or university institutes or centers
3-1 for the study of medical ethics or medical humanities, a monitor to
3-2 assist an inmate in his decision to have an orchiectomy. The
3-3 monitor must have experience in the mental health field, in law,
3-4 and in ethics. The monitor shall consult with the inmate to:
3-5 (1) ensure adequate information regarding the
3-6 orchiectomy has been provided to the inmate by medical
3-7 professionals providing treatment or advice to the inmate;
3-8 (2) provide information regarding the orchiectomy to
3-9 the inmate if the monitor believes the inmate is not adequately
3-10 informed about the orchiectomy;
3-11 (3) determine whether the inmate is free from coercion
3-12 in his decision regarding the orchiectomy; and
3-13 (4) advise the inmate to withdraw his request for an
3-14 orchiectomy if the monitor determines the inmate is being coerced
3-15 to have an orchiectomy.
3-16 (g) A monitor appointed under Subsection (f) is not liable
3-17 for damages arising from an act or omission under Subsection (f)
3-18 unless the act or omission was intentional or grossly negligent.
3-19 Sec. 501.062. STUDY OF RATE OF RECIDIVISM AMONG SEX
3-20 OFFENDERS. (a) The department shall conduct a long-term study,
3-21 for at least 10 years after the date an orchiectomy is performed
3-22 under Section 501.061, to measure the rate of recidivism among
3-23 inmates who undergo the procedure.
3-24 (b) During the study period under Subsection (a), with
3-25 respect to each inmate who undergoes an orchiectomy under Section
4-1 501.061 and who volunteers to undergo the evaluations described by
4-2 this subsection, the department shall provide for:
4-3 (1) a psychiatric or psychological evaluation of the
4-4 inmate; and
4-5 (2) periodic monitoring and medical evaluation of the
4-6 presence of the hormone testosterone in the inmate's body.
4-7 (c) Before each regular session of the legislature, the
4-8 department shall submit to the legislature a report that compares
4-9 the rate of recidivism of sex offenders released from the
4-10 institutional division who have undergone an orchiectomy to the
4-11 rate of recidivism of those sex offenders who have not.
4-12 (d) The department may contract with a public or private
4-13 entity to conduct the study required under this section.
4-14 SECTION 2. Section 3, Article 37.07, Code of Criminal
4-15 Procedure, is amended by adding Subsection (h) to read as follows:
4-16 (h) Regardless of whether the punishment will be assessed by
4-17 the judge or the jury, neither the state nor the defendant may
4-18 offer before sentencing evidence that the defendant plans to
4-19 undergo an orchiectomy.
4-20 SECTION 3. Section 11, Article 42.12, Code of Criminal
4-21 Procedure, is amended by adding Subsection (f) to read as follows:
4-22 (f) A judge may not require a defendant to undergo an
4-23 orchiectomy as a condition of community supervision.
4-24 SECTION 4. Section 8, Article 42.18, Code of Criminal
4-25 Procedure, is amended by adding Subsection (s) to read as follows:
5-1 (s) A parole panel may not require an inmate to undergo an
5-2 orchiectomy as a condition of parole or release to mandatory
5-3 supervision.
5-4 SECTION 5. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended,
5-9 and that this Act take effect and be in force from and after its
5-10 passage, and it is so enacted.