1-1     By:  Bivins                                            S.B. No. 123

 1-2           (In the Senate - Filed December 11, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     April 9, 1997, reported favorably by the following vote:  Yeas 5,

 1-5     Nays 2; April 9, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the treatment of repeat sex offenders.


1-10           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)  a psychiatrist and a psychologist who are

1-24     appointed by the department and have experience in the treatment of

1-25     sex offenders:

1-26                       (A)  evaluate the inmate and determine that the

1-27     inmate is a suitable candidate for the procedure; and

1-28                       (B)  counsel the inmate before the inmate

1-29     undergoes the procedure;

1-30                 (6)  the physician obtains the inmate's informed,

1-31     written consent to undergo the procedure;

1-32                 (7)  the inmate has not previously requested that the

1-33     department perform the procedure and subsequently withdrawn the

1-34     request; and

1-35                 (8)  the inmate consults with a monitor as provided by

1-36     Subsection (f).

1-37           (b)  The inmate may change his decision to undergo an

1-38     orchiectomy at any time before the physician performs the

1-39     procedure.  An inmate who withdraws his request to undergo an

1-40     orchiectomy is ineligible to have the procedure performed by the

1-41     department.

1-42           (c)  Either the psychiatrist or psychologist appointed by the

1-43     department under this section must be a member of the staff of a

1-44     medical facility under contract with the department or the

1-45     institutional division to treat inmates in the division.

1-46           (d)  A physician who performs an orchiectomy on an inmate

1-47     under this section is not liable for an act or omission relating to

1-48     the procedure unless the act or omission constitutes negligence.

1-49           (e)  The name of an inmate who requests an orchiectomy under

1-50     this section is confidential, and the department may use the

1-51     inmate's name only for purposes of notifying and providing

1-52     information to the inmate's spouse if the inmate is married.

1-53           (f)  The executive director of the Texas State Board of

1-54     Medical Examiners shall appoint, in consultation with two or more

1-55     executive directors of college or university institutes or centers

1-56     for the study of medical ethics or medical humanities, a monitor to

1-57     assist an inmate in his decision to have an orchiectomy.  The

1-58     monitor must have experience in the mental health field, in law,

1-59     and in ethics.  The monitor shall consult with the inmate to:

1-60                 (1)  ensure adequate information regarding the

1-61     orchiectomy has been provided to the inmate by medical

1-62     professionals providing treatment or advice to the inmate;

1-63                 (2)  provide information regarding the orchiectomy to

1-64     the inmate if the monitor believes the inmate is not adequately

 2-1     informed about the orchiectomy;

 2-2                 (3)  determine whether the inmate is free from coercion

 2-3     in his decision regarding the orchiectomy; and

 2-4                 (4)  advise the inmate to withdraw his request for an

 2-5     orchiectomy if the monitor determines the inmate is being coerced

 2-6     to have an orchiectomy.

 2-7           (g)  A monitor appointed under Subsection (f) is not liable

 2-8     for damages arising from an act or omission under Subsection (f)

 2-9     unless the act or omission was intentional or grossly negligent.

2-10           Sec. 501.062.  STUDY OF RATE OF RECIDIVISM AMONG SEX

2-11     OFFENDERS.  (a)  The department shall conduct a long-term study,

2-12     for at least 10 years after the date an orchiectomy is performed

2-13     under Section 501.061, to measure the rate of recidivism among

2-14     inmates who undergo the procedure.

2-15           (b)  During the study period under Subsection (a), with

2-16     respect to each inmate who undergoes an orchiectomy under Section

2-17     501.061 and who volunteers to undergo the evaluations described by

2-18     this subsection, the department shall provide for:

2-19                 (1)  a psychiatric or psychological evaluation of the

2-20     inmate; and

2-21                 (2)  periodic monitoring and medical evaluation of the

2-22     presence of the hormone testosterone in the inmate's body.

2-23           (c)  Before each regular session of the legislature, the

2-24     department shall submit to the legislature a report that compares

2-25     the rate of recidivism of sex offenders released from the

2-26     institutional division who have undergone an orchiectomy to the

2-27     rate of recidivism of those sex offenders who have not.

2-28           (d)  The department may contract with a public or private

2-29     entity to conduct the study required under this section.

2-30           SECTION 2.  Section 3, Article 37.07, Code of Criminal

2-31     Procedure, is amended by adding Subsection (h) to read as follows:

2-32           (h)  Regardless of whether the punishment will be assessed by

2-33     the judge or the jury, neither the state nor the defendant may

2-34     offer before sentencing evidence that the defendant plans to

2-35     undergo an orchiectomy.

2-36           SECTION 3.  Section 11, Article 42.12, Code of Criminal

2-37     Procedure, is amended by adding Subsection (f) to read as follows:

2-38           (f)  A judge may not require a defendant to undergo an

2-39     orchiectomy as a condition of community supervision.

2-40           SECTION 4.  Section 8, Article 42.18, Code of Criminal

2-41     Procedure, is amended by adding Subsection (s) to read as follows:

2-42           (s)  A parole panel may not require an inmate to undergo an

2-43     orchiectomy as a condition of parole or release to mandatory

2-44     supervision.

2-45           SECTION 5.  The importance of this legislation and the

2-46     crowded condition of the calendars in both houses create an

2-47     emergency and an imperative public necessity that the

2-48     constitutional rule requiring bills to be read on three several

2-49     days in each house be suspended, and this rule is hereby suspended,

2-50     and that this Act take effect and be in force from and after its

2-51     passage, and it is so enacted.

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