By Bivins                                        S.B. No. 123

      75R2346 DD-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the treatment of repeat sex offenders.


 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)  a psychiatrist and a psychologist who are

1-18     appointed by the department and have experience in the treatment of

1-19     sex offenders:

1-20                       (A)  evaluate the inmate and determine that the

1-21     inmate is a suitable candidate for the procedure; and

1-22                       (B)  counsel the inmate before the inmate

1-23     undergoes the procedure;

1-24                 (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 2-3     department perform the procedure and subsequently withdrawn the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

2-26     for the study of medical ethics or medical humanities, a monitor to

2-27     assist an inmate in his decision to have an orchiectomy.  The

 3-1     monitor must have experience in the mental health field, in law,

 3-2     and in ethics.  The monitor shall consult with the inmate to:

 3-3                 (1)  ensure adequate information regarding the

 3-4     orchiectomy has been provided to the inmate by medical

 3-5     professionals providing treatment or advice to the inmate;

 3-6                 (2)  provide information regarding the orchiectomy to

 3-7     the inmate if the monitor believes the inmate is not adequately

 3-8     informed about the orchiectomy;

 3-9                 (3)  determine whether the inmate is free from coercion

3-10     in his decision regarding the orchiectomy; and

3-11                 (4)  advise the inmate to withdraw his request for an

3-12     orchiectomy if the monitor determines the inmate is being coerced

3-13     to have an orchiectomy.

3-14           (g)  A monitor appointed under Subsection (f) is not liable

3-15     for damages arising from an act or omission under Subsection (f)

3-16     unless the act or omission was intentional or grossly negligent.

3-17           Sec. 501.062.  STUDY OF RATE OF RECIDIVISM AMONG SEX

3-18     OFFENDERS.  (a)  The department shall conduct a long-term study for

3-19     at least 10 years after the date an orchiectomy is performed under

3-20     Section 501.061 to measure the rate of recidivism among inmates who

3-21     undergo the procedure.

3-22           (b)  During the study period under Subsection (a), with

3-23     respect to each inmate who undergoes an orchiectomy under Section

3-24     501.061 and who volunteers to undergo the evaluations described by

3-25     this subsection, the department shall provide for:

3-26                 (1)  a psychiatric or psychological evaluation of the

3-27     inmate; and

 4-1                 (2)  periodic monitoring and medical evaluation of the

 4-2     presence of the hormone testosterone in the inmate's body.

 4-3           (c)  Before each regular session of the legislature, the

 4-4     department shall submit to the legislature a report that compares

 4-5     the rate of recidivism of sex offenders released from the

 4-6     institutional division who have undergone an orchiectomy to the

 4-7     rate of recidivism of those sex offenders who have not.

 4-8           (d)  The department may contract with a public or private

 4-9     entity to conduct the study required under this section.

4-10           SECTION 2.  Section 3, Article 37.07, Code of Criminal

4-11     Procedure, is amended by adding Subsection (h) to read as follows:

4-12           (h)  Regardless of whether the punishment will be assessed by

4-13     the judge or the jury, neither the state nor the defendant may

4-14     offer before sentencing evidence that the defendant plans to

4-15     undergo an orchiectomy.

4-16           SECTION 3.  Section 11, Article 42.12, Code of Criminal

4-17     Procedure, is amended by adding Subsection (f) to read as follows:

4-18           (f)  A judge may not require a defendant to undergo an

4-19     orchiectomy as a condition of community supervision.

4-20           SECTION 4.  Section 8, Article 42.18, Code of Criminal

4-21     Procedure, is amended by adding Subsection (s) to read as follows:

4-22           (s)  A parole panel may not require an inmate to undergo an

4-23     orchiectomy as a condition of parole or release to mandatory

4-24     supervision.

4-25           SECTION 5.  The importance of this legislation and the

4-26     crowded condition of the calendars in both houses create an

4-27     emergency and an imperative public necessity that the

 5-1     constitutional rule requiring bills to be read on three several

 5-2     days in each house be suspended, and this rule is hereby suspended,

 5-3     and that this Act take effect and be in force from and after its

 5-4     passage, and it is so enacted.