Amend CSSB 29 by striking everything below the enacting
clause and substituting the following:
SECTION 1. The Health and Safety Code is amended by adding
Title 11 to read as follows:
TITLE 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 841.001. LEGISLATIVE FINDINGS. The legislature finds
that a small but extremely dangerous group of sexually violent
predators exists and that those predators have a behavioral
abnormality that is not amenable to traditional mental illness
treatment modalities and that makes the predators likely to engage
in repeated predatory acts of sexual violence. The legislature
finds that the existing involuntary commitment provisions of
Subtitle C, Title 7, are inadequate to address the risk of repeated
predatory behavior that sexually violent predators pose to society.
The legislature further finds that treatment modalities for
sexually violent predators are different from the traditional
treatment modalities for persons appropriate for involuntary
commitment under Subtitle C, Title 7. Thus, the legislature finds
that a civil commitment procedure for the long-term supervision and
treatment of sexually violent predators is necessary and in the
interest of the state.
Sec. 841.002. DEFINITIONS. In this chapter:
(1) "Attorney representing the state" means an
attorney employed by the prison prosecution unit to initiate and
pursue a civil commitment proceeding under this chapter.
(2) "Behavioral abnormality" means a congenital or
acquired condition that, by affecting a person's emotional or
volitional capacity, predisposes the person to commit a sexually
violent offense, to the extent that the person becomes a menace to
the health and safety of another person.
(3) "Case manager" means a person employed by or under
contract with the council to perform duties related to outpatient
treatment and supervision of a person committed under this chapter.
(4) "Council" means the Interagency Council on Sex
Offender Treatment.
(5) "Predatory act" means an act that is committed for
the purpose of victimization and that is directed toward:
(A) a stranger;
(B) a person of casual acquaintance with whom no
substantial relationship exists; or
(C) a person with whom a relationship has been
established or promoted for the purpose of victimization.
(6) "Repeat sexually violent offender" has the meaning
assigned by Section 841.003.
(7) "Secure correctional facility" means a county jail
or a confinement facility operated by or under contract with any
division of the Texas Department of Criminal Justice.
(8) "Sexually violent offense" means:
(A) an offense under Section 21.11(a)(1),
22.011, or 22.021, Penal Code;
(B) an offense under Section 20.04(a)(4), Penal
Code, if the defendant committed the offense with the intent to
violate or abuse the victim sexually;
(C) an offense under Section 30.02, Penal Code,
if the offense is punishable under Subsection (d) of that section
and the defendant committed the offense with the intent to commit
an offense listed in Paragraph (A) or (B);
(D) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense listed in
Paragraph (A), (B), or (C);
(E) an offense under prior state law that
contains elements substantially similar to the elements of an
offense listed in Paragraph (A), (B), (C), or (D); or
(F) an offense under the law of another state,
federal law, or the Uniform Code of Military Justice that contains
elements substantially similar to the elements of an offense listed
in Paragraph (A), (B), (C), or (D).
(9) "Sexually violent predator" has the meaning
assigned by Section 841.003.
(10) "Tracking service" means an electronic monitoring
service, global positioning satellite service, or other appropriate
technological service that is designed to track a person's
location.
Sec. 841.003. SEXUALLY VIOLENT PREDATOR. (a) A person is a
sexually violent predator for the purposes of this chapter if the
person:
(1) is a repeat sexually violent offender; and
(2) suffers from a behavioral abnormality that makes
the person likely to engage in a predatory act of sexual violence.
(b) A person is a repeat sexually violent offender for the
purposes of this chapter if the person is convicted of more than
one sexually violent offense and a sentence is imposed for at least
one of the offenses or if:
(1) the person:
(A) is convicted of a sexually violent offense,
regardless of whether the sentence for the offense was ever imposed
or whether the sentence was probated and the person was
subsequently discharged from community supervision;
(B) enters a plea of guilty or nolo contendere
for a sexually violent offense in return for a grant of deferred
adjudication;
(C) is adjudged not guilty by reason of insanity
of a sexually violent offense; or
(D) is adjudicated by a juvenile court as having
engaged in delinquent conduct constituting a sexually violent
offense and is committed to the Texas Youth Commission under
Section 54.04(d)(3) or (m), Family Code; and
(2) after the date on which under Subdivision (1) the
person is convicted, receives a grant of deferred adjudication, is
adjudged not guilty by reason of insanity, or is adjudicated by a
juvenile court as having engaged in delinquent conduct, the person
commits a sexually violent offense for which the person:
(A) is convicted, but only if the sentence for
the offense is imposed; or
(B) is adjudged not guilty by reason of
insanity.
Sec. 841.004. PRISON PROSECUTION UNIT. A special division of
the prison prosecution unit, separate from that part of the unit
responsible for prosecuting criminal cases, is responsible for
initiating and pursuing a civil commitment proceeding under this
chapter.
Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS. The
Office of State Counsel for Offenders shall represent a person
subject to a civil commitment proceeding under this chapter.
Sec. 841.006. APPLICATION OF CHAPTER. This chapter does not:
(1) prohibit a person committed under this chapter
from filing at any time a petition for release under this chapter;
or
(2) create for the committed person a cause of action
against another person for failure to give notice within a period
required by Subchapter B.
Sec. 841.007. DUTIES OF INTERAGENCY COUNCIL ON SEX OFFENDER
TREATMENT. The Interagency Council on Sex Offender Treatment is
responsible for providing appropriate and necessary treatment and
supervision through the case management system.
Sections 841.008-841.020 reserved for expansion
SUBCHAPTER B. NOTICE OF POTENTIAL PREDATOR;
INITIAL DETERMINATIONS
Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Before the
person's anticipated release date, the Texas Department of Criminal
Justice shall give to the multidisciplinary team established under
Section 841.022 written notice of the anticipated release of a
person who:
(1) is serving a sentence for a sexually violent
offense; and
(2) may be a repeat sexually violent offender.
(b) Before the person's anticipated discharge date, the
Texas Department of Mental Health and Mental Retardation shall give
to the multidisciplinary team established under Section 841.022
written notice of the anticipated discharge of a person who:
(1) is committed to the department after having been
adjudged not guilty by reason of insanity of a sexually violent
offense; and
(2) may be a repeat sexually violent offender.
(c) The Texas Department of Criminal Justice or the Texas
Department of Mental Health and Mental Retardation, as appropriate,
shall give the notice described by Subsection (a) or (b) not later
than the first day of the 16th month before the person's
anticipated release or discharge date, but under exigent
circumstances may give the notice at any time before the
anticipated release or discharge date. The notice must contain the
following information:
(1) the person's name, identifying factors,
anticipated residence after release or discharge, and criminal
history;
(2) documentation of the person's institutional
adjustment and actual treatment; and
(3) an assessment of the likelihood that the person
will commit a sexually violent offense after release or discharge.
Sec. 841.022. MULTIDISCIPLINARY TEAM. (a) The executive
director of the Texas Department of Criminal Justice and the
commissioner of the Texas Department of Mental Health and Mental
Retardation jointly shall establish a multidisciplinary team to
review available records of a person referred to the team under
Section 841.021. The team must include:
(1) two persons from the Texas Department of Mental
Health and Mental Retardation;
(2) three persons from the Texas Department of
Criminal Justice, one of whom must be from the victim services
office of that department;
(3) one person from the Texas Department of Public
Safety; and
(4) one person from the council.
(b) The multidisciplinary team may request the assistance of
other persons in making a determination under this section.
(c) Not later than the 30th day after the date the
multidisciplinary team receives notice under Section 841.021(a) or
(b), the team shall:
(1) determine whether the person is a repeat sexually
violent offender and whether the person is likely to commit a
sexually violent offense after release or discharge;
(2) give notice of that determination to the Texas
Department of Criminal Justice or the Texas Department of Mental
Health and Mental Retardation, as appropriate; and
(3) recommend the assessment of the person for a
behavioral abnormality, as appropriate.
Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
(a) Not later than the 30th day after the date of a recommendation
under Section 841.022(c), the Texas Department of Criminal Justice
or the Texas Department of Mental Health and Mental Retardation, as
appropriate, shall determine whether the person suffers from a
behavioral abnormality that makes the person likely to engage in a
predatory act of sexual violence. To aid in the determination, the
department required to make the determination shall use an expert
to examine the person. That department may contract for the expert
services required by this subsection. The expert shall make a
clinical assessment based on testing for psychopathy, a clinical
interview, and other appropriate assessments and techniques to aid
in the determination.
(b) If the Texas Department of Criminal Justice or the Texas
Department of Mental Health and Mental Retardation determines that
the person suffers from a behavioral abnormality, the department
making the determination shall give notice of that determination
and provide corresponding documentation to the attorney
representing the state not later than the 30th day after the date
of a recommendation under Section 841.022(c).
Sections 841.024-841.040 reserved for expansion
SUBCHAPTER C. PETITION ALLEGING PREDATOR STATUS
Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. (a) If a
person is referred to the attorney representing the state under
Section 841.023, the attorney may file, in a Montgomery County
district court other than a family district court, a petition
alleging that the person is a sexually violent predator and stating
facts sufficient to support the allegation.
(b) A petition described by Subsection (a) must be filed not
later than the 60th day after the date the person is referred to
the attorney representing the state.
Sections 841.042-841.060 reserved for expansion
SUBCHAPTER D. TRIAL
Sec. 841.061. TRIAL. (a) Not later than the 60th day after
the date a petition is filed under Section 841.041, the judge shall
conduct a trial to determine whether the person is a sexually
violent predator.
(b) The person or the state is entitled to a jury trial on
demand. A demand for a jury trial must be filed in writing not
later than the 10th day before the date the trial is scheduled to
begin.
(c) The person and the state are entitled to an immediate
examination of the person by an expert.
(d) Additional rights of the person at the trial include the
following:
(1) the right to appear at the trial;
(2) the right to present evidence on the person's
behalf;
(3) the right to cross-examine a witness who testifies
against the person; and
(4) the right to view and copy all petitions and
reports in the court file.
(e) The attorney representing the state may rely on the
petition filed under Section 841.041 and supplement the petition
with documentary evidence or live testimony.
Sec. 841.062. DETERMINATION OF PREDATOR STATUS. (a) The
judge or jury shall determine whether, beyond a reasonable doubt,
the person is a sexually violent predator. Either the state or the
person is entitled to appeal the determination.
(b) A jury determination that the person is a sexually
violent predator must be by unanimous verdict.
Sec. 841.063. CONTINUANCE. The judge may continue a trial
conducted under Section 841.061 if the person is not substantially
prejudiced by the continuance and:
(1) on the request of either party and a showing of
good cause; or
(2) on the judge's own motion in the due
administration of justice.
Sec. 841.064. MISTRIAL. A trial following a mistrial must
begin not later than the 90th day after the date a mistrial was
declared in the previous trial, unless the later trial is continued
as provided by Section 841.063.
Sections 841.065-841.080 reserved for expansion
SUBCHAPTER E. CIVIL COMMITMENT
Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. If at a trial
conducted under Subchapter D the judge or jury determines that the
person is a sexually violent predator, the judge shall commit the
person for outpatient treatment and supervision to be coordinated
by the case manager. The outpatient treatment and supervision must
begin on the person's release from a secure correctional facility
or discharge from a state hospital and must continue until the
person's behavioral abnormality has changed to the extent that the
person is no longer likely to engage in a predatory act of sexual
violence.
Sec. 841.082. COMMITMENT REQUIREMENTS. (a) Before entering
an order directing a person's outpatient civil commitment, the
judge shall impose on the person requirements necessary to ensure
the person's compliance with treatment and supervision and to
protect the community. The requirements shall include:
(1) requiring the person to reside in a particular
location;
(2) prohibiting the person's contact with a victim or
potential victim of the person;
(3) prohibiting the person's use of alcohol or a
controlled substance;
(4) requiring the person's participation in a specific
course of treatment;
(5) requiring the person to submit to tracking under a
particular type of tracking service and to any other appropriate
supervision;
(6) prohibiting the person from changing the person's
residence without prior authorization from the judge and from
leaving the state without that authorization;
(7) if determined appropriate by the judge,
establishing a child safety zone in the same manner as a child
safety zone is established by a judge under Section 13B, Article
42.12, Code of Criminal Procedure, and requiring the person to
comply with requirements related to the safety zone;
(8) requiring the person to notify the case manager
within 48 hours of any change in the person's status that affects
proper treatment and supervision, including a change in the
person's physical health or job status and including any
incarceration of the person; and
(9) any other requirements determined necessary by the
judge.
(b) The judge shall provide a copy of the requirements
imposed under Subsection (a) to the person and to the council. The
council shall provide a copy of those requirements to the case
manager and to the service providers.
(c) Immediately after the person's commitment, the judge
shall transfer jurisdiction of the case to a district court, other
than a family district court, having jurisdiction in the county in
which the defendant is residing.
Sec. 841.083. TREATMENT; SUPERVISION. (a) The council shall
approve and contract for the provision of a treatment plan for the
committed person to be developed by the treatment provider. A
treatment plan may include the monitoring of the person with a
polygraph or plethysmograph. The treatment provider may receive
annual compensation in an amount not to exceed $6,000 for providing
the required treatment.
(b) The case manager shall provide supervision to the
person. The provision of supervision shall include tracking
services and, if required by court order, supervised housing.
(c) The council shall enter into an interagency agreement
with the Department of Public Safety for the provision of tracking
services. The Department of Public Safety shall contract with the
General Services Commission for the equipment necessary to
implement those services.
(d) The council shall contract for any necessary supervised
housing. The committed person may not be housed for any period of
time in a mental health facility, state school, or community
center. In this subsection:
(1) "Community center" means a center established
under Subchapter A, Chapter 534.
(2) "Mental health facility" has the meaning assigned
by Section 571.003.
(3) "State school" has the meaning assigned by Section
531.002.
(e) The case manager shall:
(1) coordinate the outpatient treatment and
supervision required by this chapter, including performing a
periodic assessment of the success of that treatment and
supervision;
(2) make timely recommendations to the judge on
whether to allow the committed person to change residence or to
leave the state and on any other appropriate matters; and
(3) provide a report to the council, semiannually or
more frequently as necessary, which must include:
(A) any known change in the person's status that
affects proper treatment and supervision; and
(B) any recommendations made to the judge.
Sec. 841.084. PROVIDER STATUS REPORTS. A treatment provider
or a supervision provider other than the case manager shall submit,
monthly or more frequently if required by the case manager, a
report to the case manager stating whether the person is complying
with treatment or supervision requirements, as applicable.
Sec. 841.085. CRIMINAL PENALTY. A person commits an offense
if the person violates a requirement imposed under Section 841.082.
An offense under this section is a felony of the third degree.
Sections 841.086-841.100 reserved for expansion
SUBCHAPTER F. COMMITMENT REVIEW
Sec. 841.101. BIENNIAL EXAMINATION. (a) A person committed
under Section 841.081 shall receive a biennial examination. The
council shall contract for an expert to perform the examination.
(b) In preparation for a judicial review conducted under
Section 841.102, the case manager shall provide a report of the
biennial examination to the judge. The report must include
consideration of whether to modify a requirement imposed on the
person under this chapter and whether to release the person from
all requirements imposed on the person under this chapter. The case
manager shall provide a copy of the report to the council.
Sec. 841.102. BIENNIAL REVIEW. (a) The judge shall conduct
a biennial review of the status of the committed person.
(b) The person is entitled to be represented by counsel at
the biennial review, but the person is not entitled to be present
at that review.
(c) The judge shall set a hearing if the judge determines at
the biennial review that:
(1) a requirement imposed on the person under this
chapter should be modified; or
(2) probable cause exists to believe that the person's
behavioral abnormality has changed to the extent that the person is
no longer likely to engage in a predatory act of sexual violence.
Sec. 841.103. HEARING. (a) At a hearing set by the judge
under Section 841.102, the person and the state are entitled to an
immediate examination of the person by an expert.
(b) If the hearing is set under Section 841.102(c)(1),
hearsay evidence is admissible if it is considered otherwise
reliable by the judge.
(c) If the hearing is set under Section 841.102(c)(2), the
committed person is entitled to be present and to have the benefit
of all constitutional protections provided to the person at the
initial civil commitment proceeding. On the request of the person
or the attorney representing the state, the court shall conduct the
hearing before a jury. The burden of proof at that hearing is on
the state to prove beyond a reasonable doubt that the person's
behavioral abnormality has not changed to the extent that the
person is no longer likely to engage in a predatory act of sexual
violence.
Sections 841.104-841.120 reserved for expansion
SUBCHAPTER G. PETITION FOR RELEASE
Sec. 841.121. AUTHORIZED PETITION FOR RELEASE. (a) If the
case manager determines that the committed person's behavioral
abnormality has changed to the extent that the person is no longer
likely to engage in a predatory act of sexual violence, the case
manager shall authorize the person to petition the court for
release.
(b) The petitioner shall serve a petition under this section
on the court and the attorney representing the state.
(c) The judge shall set a hearing on a petition under this
section not later than the 30th day after the date the judge
receives the petition. The petitioner and the state are entitled
to an immediate examination of the petitioner by an expert.
(d) On request of the petitioner or the attorney
representing the state, the court shall conduct the hearing before
a jury.
(e) The burden of proof at the hearing is on the state to
prove beyond a reasonable doubt that the petitioner's behavioral
abnormality has not changed to the extent that the petitioner is no
longer likely to engage in a predatory act of sexual violence.
Sec. 841.122. RIGHT TO FILE UNAUTHORIZED PETITION FOR
RELEASE. On a person's commitment and annually after that
commitment, the case manager shall provide the person with written
notice of the person's right to file with the court and without the
case manager's authorization a petition for release.
Sec. 841.123. REVIEW OF UNAUTHORIZED PETITION FOR RELEASE.
(a) If the committed person files a petition for release without
the case manager's authorization, the person shall serve the
petition on the court and the attorney representing the state.
(b) On receipt of a petition for release filed by the
committed person without the case manager's authorization, the
judge shall attempt as soon as practicable to review the petition.
(c) Except as provided by Subsection (d), the judge shall
deny without a hearing a petition for release filed without the
case manager's authorization if the petition is frivolous or if:
(1) the petitioner previously filed without the case
manager's authorization another petition for release; and
(2) the judge determined on review of the previous
petition or following a hearing that:
(A) the petition was frivolous; or
(B) the petitioner's behavioral abnormality had
not changed to the extent that the petitioner was no longer likely
to engage in a predatory act of sexual violence.
(d) The judge is not required to deny a petition under
Subsection (c) if probable cause exists to believe that the
petitioner's behavioral abnormality has changed to the extent that
the petitioner is no longer likely to engage in a predatory act of
sexual violence.
Sec. 841.124. HEARING ON UNAUTHORIZED PETITION FOR RELEASE.
(a) If as authorized by Section 841.123 the judge does not deny a
petition for release filed by the committed person without the case
manager's authorization, the judge shall conduct as soon as
practicable a hearing on the petition.
(b) The petitioner and the state are entitled to an
immediate examination of the person by an expert.
(c) On request of the petitioner or the attorney
representing the state, the court shall conduct the hearing before
a jury.
(d) The burden of proof at the hearing is on the state to
prove beyond a reasonable doubt that the petitioner's behavioral
abnormality has not changed to the extent that the petitioner is no
longer likely to engage in a predatory act of sexual violence.
Sections 841.125-841.140 reserved for expansion
SUBCHAPTER H. MISCELLANEOUS PROVISIONS
Sec. 841.141. RULEMAKING AUTHORITY. (a) The council by rule
shall administer this chapter. Rules adopted by the council under
this section must be consistent with the purposes of this chapter.
(b) The council by rule shall develop standards of care and
case management for persons committed under this chapter.
Sec. 841.142. RELEASE OR EXCHANGE OF INFORMATION. (a) To
protect the public and to enable a determination relating to
whether a person is a sexually violent predator, any entity that
possesses relevant information relating to the person shall release
the information to an entity charged with making a determination
under this chapter.
(b) To protect the public and to enable the provision of
supervision and treatment to a person who is a sexually violent
predator, any entity that possesses relevant information relating
to the person shall release the information to the case manager.
(c) On the written request of any attorney for another state
or a political subdivision in another state, the Texas Department
of Criminal Justice, the council, a service provider contracting
with one of those agencies, the multidisciplinary team, and the
attorney representing the state shall release to the attorney any
available information relating to a person that is sought in
connection with an attempt to civilly commit the person as a
sexually violent predator in another state.
(d) To protect the public and to enable a determination
relating to whether a person is a sexually violent predator or to
enable the provision of supervision and treatment to a person who
is a sexually violent predator, the Texas Department of Criminal
Justice, the council, a service provider contracting with one of
those agencies, the multidisciplinary team, and the attorney
representing the state may exchange any available information
relating to the person.
(e) Information subject to release or exchange under this
section includes information relating to the supervision,
treatment, criminal history, or physical or mental health of the
person, as appropriate, regardless of whether the information is
otherwise confidential and regardless of when the information was
created or collected. The person's consent is not required for
release or exchange of information under this section.
Sec. 841.143. REPORT, RECORD, OR STATEMENT SUBMITTED TO
COURT. (a) A psychological report, drug and alcohol report,
treatment record, diagnostic report, medical record, or victim
impact statement submitted to the court under this chapter is part
of the record of the court.
(b) Notwithstanding Subsection (a), the report, record, or
statement must be sealed and may be opened only:
(1) on order of the judge;
(2) as provided by this chapter; or
(3) in connection with a criminal proceeding as
otherwise provided by law.
Sec. 841.144. COUNSEL. (a) At all stages of the civil
commitment proceedings under this chapter, a person subject to a
proceeding is entitled to the assistance of counsel.
(b) If the person is indigent, the court shall appoint
counsel through the Office of State Counsel for Offenders to assist
the person.
Sec. 841.145. EXPERT. (a) A person who is examined under
this chapter may retain an expert to perform an examination or
participate in a civil commitment proceeding on the person's
behalf.
(b) On the request of an indigent person examined under this
chapter, the judge shall determine whether expert services for the
person are necessary. If the judge determines that the services are
necessary, the judge shall appoint an expert to perform an
examination or participate in a civil commitment proceeding on the
person's behalf.
(c) The court shall approve reasonable compensation for
expert services rendered on behalf of an indigent person on the
filing of a certified compensation claim supported by a written
statement specifying:
(1) time expended on behalf of the person;
(2) services rendered on behalf of the person;
(3) expenses incurred on behalf of the person; and
(4) compensation received in the same case or for the
same services from any other source.
(d) The court shall ensure that an expert retained or
appointed under this section has for purposes of examination
reasonable access to a person examined under this chapter, as well
as to all relevant medical and psychological records and reports.
Sec. 841.146. CIVIL COMMITMENT PROCEEDING; PROCEDURE AND
COSTS. (a) On request, a person subject to a civil commitment
proceeding under this chapter and the attorney representing the
state are entitled to a jury trial or a hearing before a jury for
that proceeding, except for a proceeding set by the judge under
Section 841.102(c)(1). The number and selection of jurors are
governed by Chapter 33, Code of Criminal Procedure.
(b) A civil commitment proceeding is subject to the rules of
procedure and appeal for civil cases.
(c) In an amount not to exceed $1,600, the state shall pay
the costs of a civil commitment proceeding conducted under
Subchapter D. For any civil commitment proceeding conducted under
this chapter, the state shall pay the costs of state or appointed
counsel or experts and the costs of the person's outpatient
treatment and supervision.
Sec. 841.147. IMMUNITY. The following persons are immune
from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, the Texas Department of Mental Health and Mental
Retardation, or the council;
(2) a member of the multidisciplinary team established
under Section 841.022;
(3) the attorney representing the state; and
(4) a person contracting, appointed, or volunteering
to perform a service under this chapter.
SECTION 2. Sections 51.13(a) and (b), Family Code, are
amended to read as follows:
(a) Except as provided by Subsection (d), an order of
adjudication or disposition in a proceeding under this title is not
a conviction of crime. Except as provided by Chapter 841, Health
and Safety Code, an order of adjudication or disposition <, and>
does not impose any civil disability ordinarily resulting from a
conviction or operate to disqualify the child in any civil service
application or appointment.
(b) The adjudication or disposition of a child or evidence
adduced in a hearing under this title may be used only in
subsequent:
(1) proceedings under this title in which the child is
a party;
(2) <or in subsequent> sentencing proceedings in
criminal court against the child to the extent permitted by the
Texas Code of Criminal Procedure, 1965; or
(3) civil commitment proceedings under Chapter 841,
Health and Safety Code.
SECTION 3. Section 61.066, Human Resources Code, is amended
to read as follows:
Sec. 61.066. COMMITMENT RECORDS. A commitment to the
commission may not be received in evidence or used in any way in
any proceedings in any court except in:
(1) subsequent proceedings under Title 3<,> of the
Family Code against the same child;
(2) <, and except in> imposing sentence in any
criminal proceedings against the same person; or
(3) subsequent civil commitment proceedings under
Chapter 841, Health and Safety Code, regarding the same person.
SECTION 4. Title 11, Health and Safety Code, as added by
this Act, applies only to an individual who on or after January 1,
2000, is serving a sentence in the Texas Department of Criminal
Justice or is committed to the Texas Department of Mental Health
and Mental Retardation for an offense committed before, on, or
after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 1999.
SECTION 6. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.