R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 76th Legislature, Regular Session, 1999, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 365, relating to the
1-6 continuation and the functions of the Texas Department of Criminal
1-7 Justice, the administration of the Private Sector Prison Industries
1-8 Oversight Authority, and the administration of the Texas Council on
1-9 Offenders with Mental Impairments, to consider and take action on
1-10 the following matter:
1-11 House Rule 13, Sections 9(a)(3) and (4), are suspended to
1-12 permit the committee to add a new article to read as follows:
1-13 ARTICLE 4
1-14 SECTION 4.01. The Health and Safety Code is amended by
1-15 adding Title 11 to read as follows:
1-16 TITLE 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
1-17 CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
1-18 SUBCHAPTER A. GENERAL PROVISIONS
1-19 Sec. 841.001. LEGISLATIVE FINDINGS. The legislature finds
1-20 that a small but extremely dangerous group of sexually violent
1-21 predators exists and that those predators have a behavioral
1-22 abnormality that is not amenable to traditional mental illness
1-23 treatment modalities and that makes the predators likely to engage
1-24 in repeated predatory acts of sexual violence. The legislature
2-1 finds that the existing involuntary commitment provisions of
2-2 Subtitle C, Title 7, are inadequate to address the risk of repeated
2-3 predatory behavior that sexually violent predators pose to society.
2-4 The legislature further finds that treatment modalities for
2-5 sexually violent predators are different from the traditional
2-6 treatment modalities for persons appropriate for involuntary
2-7 commitment under Subtitle C, Title 7. Thus, the legislature finds
2-8 that a civil commitment procedure for the long-term supervision and
2-9 treatment of sexually violent predators is necessary and in the
2-10 interest of the state.
2-11 Sec. 841.002. DEFINITIONS. In this chapter:
2-12 (1) "Attorney representing the state" means an
2-13 attorney employed by the prison prosecution unit to initiate and
2-14 pursue a civil commitment proceeding under this chapter.
2-15 (2) "Behavioral abnormality" means a congenital or
2-16 acquired condition that, by affecting a person's emotional or
2-17 volitional capacity, predisposes the person to commit a sexually
2-18 violent offense, to the extent that the person becomes a menace to
2-19 the health and safety of another person.
2-20 (3) "Case manager" means a person employed by or under
2-21 contract with the council to perform duties related to outpatient
2-22 treatment and supervision of a person committed under this chapter.
2-23 (4) "Council" means the Interagency Council on Sex
2-24 Offender Treatment.
2-25 (5) "Predatory act" means an act that is committed for
2-26 the purpose of victimization and that is directed toward:
2-27 (A) a stranger;
3-1 (B) a person of casual acquaintance with whom no
3-2 substantial relationship exists; or
3-3 (C) a person with whom a relationship has been
3-4 established or promoted for the purpose of victimization.
3-5 (6) "Repeat sexually violent offender" has the meaning
3-6 assigned by Section 841.003.
3-7 (7) "Secure correctional facility" means a county jail
3-8 or a confinement facility operated by or under contract with any
3-9 division of the Texas Department of Criminal Justice.
3-10 (8) "Sexually violent offense" means:
3-11 (A) an offense under Section 21.11(a)(1),
3-12 22.011, or 22.021, Penal Code;
3-13 (B) an offense under Section 20.04(a)(4), Penal
3-14 Code, if the defendant committed the offense with the intent to
3-15 violate or abuse the victim sexually;
3-16 (C) an offense under Section 30.02, Penal Code,
3-17 if the offense is punishable under Subsection (d) of that section
3-18 and the defendant committed the offense with the intent to commit
3-19 an offense listed in Paragraph (A) or (B);
3-20 (D) an attempt, conspiracy, or solicitation, as
3-21 defined by Chapter 15, Penal Code, to commit an offense listed in
3-22 Paragraph (A), (B), or (C);
3-23 (E) an offense under prior state law that
3-24 contains elements substantially similar to the elements of an
3-25 offense listed in Paragraph (A), (B), (C), or (D); or
3-26 (F) an offense under the law of another state,
3-27 federal law, or the Uniform Code of Military Justice that contains
4-1 elements substantially similar to the elements of an offense listed
4-2 in Paragraph (A), (B), (C), or (D).
4-3 (9) "Sexually violent predator" has the meaning
4-4 assigned by Section 841.003.
4-5 (10) "Tracking service" means an electronic monitoring
4-6 service, global positioning satellite service, or other appropriate
4-7 technological service that is designed to track a person's
4-8 location.
4-9 Sec. 841.003. SEXUALLY VIOLENT PREDATOR. (a) A person is a
4-10 sexually violent predator for the purposes of this chapter if the
4-11 person:
4-12 (1) is a repeat sexually violent offender; and
4-13 (2) suffers from a behavioral abnormality that makes
4-14 the person likely to engage in a predatory act of sexual violence.
4-15 (b) A person is a repeat sexually violent offender for the
4-16 purposes of this chapter if the person is convicted of more than
4-17 one sexually violent offense and a sentence is imposed for at least
4-18 one of the offenses or if:
4-19 (1) the person:
4-20 (A) is convicted of a sexually violent offense,
4-21 regardless of whether the sentence for the offense was ever imposed
4-22 or whether the sentence was probated and the person was
4-23 subsequently discharged from community supervision;
4-24 (B) enters a plea of guilty or nolo contendere
4-25 for a sexually violent offense in return for a grant of deferred
4-26 adjudication;
4-27 (C) is adjudged not guilty by reason of insanity
5-1 of a sexually violent offense; or
5-2 (D) is adjudicated by a juvenile court as having
5-3 engaged in delinquent conduct constituting a sexually violent
5-4 offense and is committed to the Texas Youth Commission under
5-5 Section 54.04(d)(3) or (m), Family Code; and
5-6 (2) after the date on which under Subdivision (1) the
5-7 person is convicted, receives a grant of deferred adjudication, is
5-8 adjudged not guilty by reason of insanity, or is adjudicated by a
5-9 juvenile court as having engaged in delinquent conduct, the person
5-10 commits a sexually violent offense for which the person:
5-11 (A) is convicted, but only if the sentence for
5-12 the offense is imposed; or
5-13 (B) is adjudged not guilty by reason of
5-14 insanity.
5-15 Sec. 841.004. PRISON PROSECUTION UNIT. A special division
5-16 of the prison prosecution unit, separate from that part of the unit
5-17 responsible for prosecuting criminal cases, is responsible for
5-18 initiating and pursuing a civil commitment proceeding under this
5-19 chapter.
5-20 Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS. The
5-21 Office of State Counsel for Offenders shall represent a person
5-22 subject to a civil commitment proceeding under this chapter.
5-23 Sec. 841.006. APPLICATION OF CHAPTER. This chapter does
5-24 not:
5-25 (1) prohibit a person committed under this chapter
5-26 from filing at any time a petition for release under this chapter;
5-27 or
6-1 (2) create for the committed person a cause of action
6-2 against another person for failure to give notice within a period
6-3 required by Subchapter B.
6-4 Sec. 841.007. DUTIES OF INTERAGENCY COUNCIL ON SEX OFFENDER
6-5 TREATMENT. The Interagency Council on Sex Offender Treatment is
6-6 responsible for providing appropriate and necessary treatment and
6-7 supervision through the case management system.
6-8 (Sections 841.008-841.020 reserved for expansion
6-9 SUBCHAPTER B. NOTICE OF POTENTIAL PREDATOR;
6-10 INITIAL DETERMINATIONS
6-11 Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Before the
6-12 person's anticipated release date, the Texas Department of Criminal
6-13 Justice shall give to the multidisciplinary team established under
6-14 Section 841.022 written notice of the anticipated release of a
6-15 person who:
6-16 (1) is serving a sentence for a sexually violent
6-17 offense; and
6-18 (2) may be a repeat sexually violent offender.
6-19 (b) Before the person's anticipated discharge date, the
6-20 Texas Department of Mental Health and Mental Retardation shall give
6-21 to the multidisciplinary team established under Section 841.022
6-22 written notice of the anticipated discharge of a person who:
6-23 (1) is committed to the department after having been
6-24 adjudged not guilty by reason of insanity of a sexually violent
6-25 offense; and
6-26 (2) may be a repeat sexually violent offender.
6-27 (c) The Texas Department of Criminal Justice or the Texas
7-1 Department of Mental Health and Mental Retardation, as appropriate,
7-2 shall give the notice described by Subsection (a) or (b) not later
7-3 than the first day of the 16th month before the person's
7-4 anticipated release or discharge date, but under exigent
7-5 circumstances may give the notice at any time before the
7-6 anticipated release or discharge date. The notice must contain the
7-7 following information:
7-8 (1) the person's name, identifying factors,
7-9 anticipated residence after release or discharge, and criminal
7-10 history;
7-11 (2) documentation of the person's institutional
7-12 adjustment and actual treatment; and
7-13 (3) an assessment of the likelihood that the person
7-14 will commit a sexually violent offense after release or discharge.
7-15 Sec. 841.022. MULTIDISCIPLINARY TEAM. (a) The executive
7-16 director of the Texas Department of Criminal Justice and the
7-17 commissioner of the Texas Department of Mental Health and Mental
7-18 Retardation jointly shall establish a multidisciplinary team to
7-19 review available records of a person referred to the team under
7-20 Section 841.021. The team must include:
7-21 (1) two persons from the Texas Department of Mental
7-22 Health and Mental Retardation;
7-23 (2) three persons from the Texas Department of
7-24 Criminal Justice, one of whom must be from the victim services
7-25 office of that department;
7-26 (3) one person from the Texas Department of Public
7-27 Safety; and
8-1 (4) one person from the council.
8-2 (b) The multidisciplinary team may request the assistance of
8-3 other persons in making a determination under this section.
8-4 (c) Not later than the 30th day after the date the
8-5 multidisciplinary team receives notice under Section 841.021(a) or
8-6 (b), the team shall:
8-7 (1) determine whether the person is a repeat sexually
8-8 violent offender and whether the person is likely to commit a
8-9 sexually violent offense after release or discharge;
8-10 (2) give notice of that determination to the Texas
8-11 Department of Criminal Justice or the Texas Department of Mental
8-12 Health and Mental Retardation, as appropriate; and
8-13 (3) recommend the assessment of the person for a
8-14 behavioral abnormality, as appropriate.
8-15 Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
8-16 (a) Not later than the 30th day after the date of a recommendation
8-17 under Section 841.022(c), the Texas Department of Criminal Justice
8-18 or the Texas Department of Mental Health and Mental Retardation, as
8-19 appropriate, shall determine whether the person suffers from a
8-20 behavioral abnormality that makes the person likely to engage in a
8-21 predatory act of sexual violence. To aid in the determination, the
8-22 department required to make the determination shall use an expert
8-23 to examine the person. That department may contract for the expert
8-24 services required by this subsection. The expert shall make a
8-25 clinical assessment based on testing for psychopathy, a clinical
8-26 interview, and other appropriate assessments and techniques to aid
8-27 in the determination.
9-1 (b) If the Texas Department of Criminal Justice or the Texas
9-2 Department of Mental Health and Mental Retardation determines that
9-3 the person suffers from a behavioral abnormality, the department
9-4 making the determination shall give notice of that determination
9-5 and provide corresponding documentation to the attorney
9-6 representing the state not later than the 30th day after the date
9-7 of a recommendation under Section 841.022(c).
9-8 (Sections 841.024-841.040 reserved for expansion
9-9 SUBCHAPTER C. PETITION ALLEGING PREDATOR STATUS
9-10 Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. (a) If a
9-11 person is referred to the attorney representing the state under
9-12 Section 841.023, the attorney may file, in a Montgomery County
9-13 district court other than a family district court, a petition
9-14 alleging that the person is a sexually violent predator and stating
9-15 facts sufficient to support the allegation.
9-16 (b) A petition described by Subsection (a) must be filed not
9-17 later than the 60th day after the date the person is referred to
9-18 the attorney representing the state.
9-19 (Sections 841.042-841.060 reserved for expansion
9-20 SUBCHAPTER D. TRIAL
9-21 Sec. 841.061. TRIAL. (a) Not later than the 60th day after
9-22 the date a petition is filed under Section 841.041, the judge shall
9-23 conduct a trial to determine whether the person is a sexually
9-24 violent predator.
9-25 (b) The person or the state is entitled to a jury trial on
9-26 demand. A demand for a jury trial must be filed in writing not
9-27 later than the 10th day before the date the trial is scheduled to
10-1 begin.
10-2 (c) The person and the state are entitled to an immediate
10-3 examination of the person by an expert.
10-4 (d) Additional rights of the person at the trial include the
10-5 following:
10-6 (1) the right to appear at the trial;
10-7 (2) the right to present evidence on the person's
10-8 behalf;
10-9 (3) the right to cross-examine a witness who testifies
10-10 against the person; and
10-11 (4) the right to view and copy all petitions and
10-12 reports in the court file.
10-13 (e) The attorney representing the state may rely on the
10-14 petition filed under Section 841.041 and supplement the petition
10-15 with documentary evidence or live testimony.
10-16 Sec. 841.062. DETERMINATION OF PREDATOR STATUS. (a) The
10-17 judge or jury shall determine whether, beyond a reasonable doubt,
10-18 the person is a sexually violent predator. Either the state or the
10-19 person is entitled to appeal the determination.
10-20 (b) A jury determination that the person is a sexually
10-21 violent predator must be by unanimous verdict.
10-22 Sec. 841.063. CONTINUANCE. The judge may continue a trial
10-23 conducted under Section 841.061 if the person is not substantially
10-24 prejudiced by the continuance and:
10-25 (1) on the request of either party and a showing of
10-26 good cause; or
10-27 (2) on the judge's own motion in the due
11-1 administration of justice.
11-2 Sec. 841.064. MISTRIAL. A trial following a mistrial must
11-3 begin not later than the 90th day after the date a mistrial was
11-4 declared in the previous trial, unless the later trial is continued
11-5 as provided by Section 841.063.
11-6 (Sections 841.065-841.080 reserved for expansion
11-7 SUBCHAPTER E. CIVIL COMMITMENT
11-8 Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. If at a trial
11-9 conducted under Subchapter D the judge or jury determines that the
11-10 person is a sexually violent predator, the judge shall commit the
11-11 person for outpatient treatment and supervision to be coordinated
11-12 by the case manager. The outpatient treatment and supervision must
11-13 begin on the person's release from a secure correctional facility
11-14 or discharge from a state hospital and must continue until the
11-15 person's behavioral abnormality has changed to the extent that the
11-16 person is no longer likely to engage in a predatory act of sexual
11-17 violence.
11-18 Sec. 841.082. COMMITMENT REQUIREMENTS. (a) Before entering
11-19 an order directing a person's outpatient civil commitment, the
11-20 judge shall impose on the person requirements necessary to ensure
11-21 the person's compliance with treatment and supervision and to
11-22 protect the community. The requirements shall include:
11-23 (1) requiring the person to reside in a particular
11-24 location;
11-25 (2) prohibiting the person's contact with a victim or
11-26 potential victim of the person;
11-27 (3) prohibiting the person's use of alcohol or a
12-1 controlled substance;
12-2 (4) requiring the person's participation in a specific
12-3 course of treatment;
12-4 (5) requiring the person to submit to tracking under a
12-5 particular type of tracking service and to any other appropriate
12-6 supervision;
12-7 (6) prohibiting the person from changing the person's
12-8 residence without prior authorization from the judge and from
12-9 leaving the state without that authorization;
12-10 (7) if determined appropriate by the judge,
12-11 establishing a child safety zone in the same manner as a child
12-12 safety zone is established by a judge under Section 13B, Article
12-13 42.12, Code of Criminal Procedure, and requiring the person to
12-14 comply with requirements related to the safety zone;
12-15 (8) requiring the person to notify the case manager
12-16 within 48 hours of any change in the person's status that affects
12-17 proper treatment and supervision, including a change in the
12-18 person's physical health or job status and including any
12-19 incarceration of the person; and
12-20 (9) any other requirements determined necessary by the
12-21 judge.
12-22 (b) The judge shall provide a copy of the requirements
12-23 imposed under Subsection (a) to the person and to the council. The
12-24 council shall provide a copy of those requirements to the case
12-25 manager and to the service providers.
12-26 (c) Immediately after the person's commitment, the judge
12-27 shall transfer jurisdiction of the case to a district court, other
13-1 than a family district court, having jurisdiction in the county in
13-2 which the defendant is residing.
13-3 Sec. 841.083. TREATMENT; SUPERVISION. (a) The council
13-4 shall approve and contract for the provision of a treatment plan
13-5 for the committed person to be developed by the treatment provider.
13-6 A treatment plan may include the monitoring of the person with a
13-7 polygraph or plethysmograph. The treatment provider may receive
13-8 annual compensation in an amount not to exceed $6,000 for providing
13-9 the required treatment.
13-10 (b) The case manager shall provide supervision to the
13-11 person. The provision of supervision shall include tracking
13-12 services and, if required by court order, supervised housing.
13-13 (c) The council shall enter into an interagency agreement
13-14 with the Department of Public Safety for the provision of tracking
13-15 services. The Department of Public Safety shall contract with the
13-16 General Services Commission for the equipment necessary to
13-17 implement those services.
13-18 (d) The council shall contract for any necessary supervised
13-19 housing. The committed person may not be housed for any period of
13-20 time in a mental health facility, state school, or community
13-21 center. In this subsection:
13-22 (1) "Community center" means a center established
13-23 under Subchapter A, Chapter 534.
13-24 (2) "Mental health facility" has the meaning assigned
13-25 by Section 571.003.
13-26 (3) "State school" has the meaning assigned by Section
13-27 531.002.
14-1 (e) The case manager shall:
14-2 (1) coordinate the outpatient treatment and
14-3 supervision required by this chapter, including performing a
14-4 periodic assessment of the success of that treatment and
14-5 supervision;
14-6 (2) make timely recommendations to the judge on
14-7 whether to allow the committed person to change residence or to
14-8 leave the state and on any other appropriate matters; and
14-9 (3) provide a report to the council, semiannually or
14-10 more frequently as necessary, which must include:
14-11 (A) any known change in the person's status that
14-12 affects proper treatment and supervision; and
14-13 (B) any recommendations made to the judge.
14-14 Sec. 841.084. PROVIDER STATUS REPORTS. A treatment provider
14-15 or a supervision provider other than the case manager shall submit,
14-16 monthly or more frequently if required by the case manager, a
14-17 report to the case manager stating whether the person is complying
14-18 with treatment or supervision requirements, as applicable.
14-19 Sec. 841.085. CRIMINAL PENALTY. A person commits an offense
14-20 if the person violates a requirement imposed under Section 841.082.
14-21 An offense under this section is a felony of the third degree.
14-22 (Sections 841.086-841.100 reserved for expansion
14-23 SUBCHAPTER F. COMMITMENT REVIEW
14-24 Sec. 841.101. BIENNIAL EXAMINATION. (a) A person committed
14-25 under Section 841.081 shall receive a biennial examination. The
14-26 council shall contract for an expert to perform the examination.
14-27 (b) In preparation for a judicial review conducted under
15-1 Section 841.102, the case manager shall provide a report of the
15-2 biennial examination to the judge. The report must include
15-3 consideration of whether to modify a requirement imposed on the
15-4 person under this chapter and whether to release the person from
15-5 all requirements imposed on the person under this chapter. The
15-6 case manager shall provide a copy of the report to the council.
15-7 Sec. 841.102. BIENNIAL REVIEW. (a) The judge shall conduct
15-8 a biennial review of the status of the committed person.
15-9 (b) The person is entitled to be represented by counsel at
15-10 the biennial review, but the person is not entitled to be present
15-11 at that review.
15-12 (c) The judge shall set a hearing if the judge determines at
15-13 the biennial review that:
15-14 (1) a requirement imposed on the person under this
15-15 chapter should be modified; or
15-16 (2) probable cause exists to believe that the person's
15-17 behavioral abnormality has changed to the extent that the person is
15-18 no longer likely to engage in a predatory act of sexual violence.
15-19 Sec. 841.103. HEARING. (a) At a hearing set by the judge
15-20 under Section 841.102, the person and the state are entitled to an
15-21 immediate examination of the person by an expert.
15-22 (b) If the hearing is set under Section 841.102(c)(1),
15-23 hearsay evidence is admissible if it is considered otherwise
15-24 reliable by the judge.
15-25 (c) If the hearing is set under Section 841.102(c)(2), the
15-26 committed person is entitled to be present and to have the benefit
15-27 of all constitutional protections provided to the person at the
16-1 initial civil commitment proceeding. On the request of the person
16-2 or the attorney representing the state, the court shall conduct the
16-3 hearing before a jury. The burden of proof at that hearing is on
16-4 the state to prove beyond a reasonable doubt that the person's
16-5 behavioral abnormality has not changed to the extent that the
16-6 person is no longer likely to engage in a predatory act of sexual
16-7 violence.
16-8 (Sections 841.104-841.120 reserved for expansion
16-9 SUBCHAPTER G. PETITION FOR RELEASE
16-10 Sec. 841.121. AUTHORIZED PETITION FOR RELEASE. (a) If the
16-11 case manager determines that the committed person's behavioral
16-12 abnormality has changed to the extent that the person is no longer
16-13 likely to engage in a predatory act of sexual violence, the case
16-14 manager shall authorize the person to petition the court for
16-15 release.
16-16 (b) The petitioner shall serve a petition under this section
16-17 on the court and the attorney representing the state.
16-18 (c) The judge shall set a hearing on a petition under this
16-19 section not later than the 30th day after the date the judge
16-20 receives the petition. The petitioner and the state are entitled
16-21 to an immediate examination of the petitioner by an expert.
16-22 (d) On request of the petitioner or the attorney
16-23 representing the state, the court shall conduct the hearing before
16-24 a jury.
16-25 (e) The burden of proof at the hearing is on the state to
16-26 prove beyond a reasonable doubt that the petitioner's behavioral
16-27 abnormality has not changed to the extent that the petitioner is no
17-1 longer likely to engage in a predatory act of sexual violence.
17-2 Sec. 841.122. RIGHT TO FILE UNAUTHORIZED PETITION FOR
17-3 RELEASE. On a person's commitment and annually after that
17-4 commitment, the case manager shall provide the person with written
17-5 notice of the person's right to file with the court and without the
17-6 case manager's authorization a petition for release.
17-7 Sec. 841.123. REVIEW OF UNAUTHORIZED PETITION FOR RELEASE.
17-8 (a) If the committed person files a petition for release without
17-9 the case manager's authorization, the person shall serve the
17-10 petition on the court and the attorney representing the state.
17-11 (b) On receipt of a petition for release filed by the
17-12 committed person without the case manager's authorization, the
17-13 judge shall attempt as soon as practicable to review the petition.
17-14 (c) Except as provided by Subsection (d), the judge shall
17-15 deny without a hearing a petition for release filed without the
17-16 case manager's authorization if the petition is frivolous or if:
17-17 (1) the petitioner previously filed without the case
17-18 manager's authorization another petition for release; and
17-19 (2) the judge determined on review of the previous
17-20 petition or following a hearing that:
17-21 (A) the petition was frivolous; or
17-22 (B) the petitioner's behavioral abnormality had
17-23 not changed to the extent that the petitioner was no longer likely
17-24 to engage in a predatory act of sexual violence.
17-25 (d) The judge is not required to deny a petition under
17-26 Subsection (c) if probable cause exists to believe that the
17-27 petitioner's behavioral abnormality has changed to the extent that
18-1 the petitioner is no longer likely to engage in a predatory act of
18-2 sexual violence.
18-3 Sec. 841.124. HEARING ON UNAUTHORIZED PETITION FOR RELEASE.
18-4 (a) If as authorized by Section 841.123 the judge does not deny a
18-5 petition for release filed by the committed person without the case
18-6 manager's authorization, the judge shall conduct as soon as
18-7 practicable a hearing on the petition.
18-8 (b) The petitioner and the state are entitled to an
18-9 immediate examination of the person by an expert.
18-10 (c) On request of the petitioner or the attorney
18-11 representing the state, the court shall conduct the hearing before
18-12 a jury.
18-13 (d) The burden of proof at the hearing is on the state to
18-14 prove beyond a reasonable doubt that the petitioner's behavioral
18-15 abnormality has not changed to the extent that the petitioner is no
18-16 longer likely to engage in a predatory act of sexual violence.
18-17 (Sections 841.125-841.140 reserved for expansion
18-18 SUBCHAPTER H. MISCELLANEOUS PROVISIONS
18-19 Sec. 841.141. RULEMAKING AUTHORITY. (a) The council by
18-20 rule shall administer this chapter. Rules adopted by the council
18-21 under this section must be consistent with the purposes of this
18-22 chapter.
18-23 (b) The council by rule shall develop standards of care and
18-24 case management for persons committed under this chapter.
18-25 Sec. 841.142. RELEASE OR EXCHANGE OF INFORMATION. (a) To
18-26 protect the public and to enable a determination relating to
18-27 whether a person is a sexually violent predator, any entity that
19-1 possesses relevant information relating to the person shall release
19-2 the information to an entity charged with making a determination
19-3 under this chapter.
19-4 (b) To protect the public and to enable the provision of
19-5 supervision and treatment to a person who is a sexually violent
19-6 predator, any entity that possesses relevant information relating
19-7 to the person shall release the information to the case manager.
19-8 (c) On the written request of any attorney for another state
19-9 or a political subdivision in another state, the Texas Department
19-10 of Criminal Justice, the council, a service provider contracting
19-11 with one of those agencies, the multidisciplinary team, and the
19-12 attorney representing the state shall release to the attorney any
19-13 available information relating to a person that is sought in
19-14 connection with an attempt to civilly commit the person as a
19-15 sexually violent predator in another state.
19-16 (d) To protect the public and to enable a determination
19-17 relating to whether a person is a sexually violent predator or to
19-18 enable the provision of supervision and treatment to a person who
19-19 is a sexually violent predator, the Texas Department of Criminal
19-20 Justice, the council, a service provider contracting with one of
19-21 those agencies, the multidisciplinary team, and the attorney
19-22 representing the state may exchange any available information
19-23 relating to the person.
19-24 (e) Information subject to release or exchange under this
19-25 section includes information relating to the supervision,
19-26 treatment, criminal history, or physical or mental health of the
19-27 person, as appropriate, regardless of whether the information is
20-1 otherwise confidential and regardless of when the information was
20-2 created or collected. The person's consent is not required for
20-3 release or exchange of information under this section.
20-4 Sec. 841.143. REPORT, RECORD, OR STATEMENT SUBMITTED TO
20-5 COURT. (a) A psychological report, drug and alcohol report,
20-6 treatment record, diagnostic report, medical record, or victim
20-7 impact statement submitted to the court under this chapter is part
20-8 of the record of the court.
20-9 (b) Notwithstanding Subsection (a), the report, record, or
20-10 statement must be sealed and may be opened only:
20-11 (1) on order of the judge;
20-12 (2) as provided by this chapter; or
20-13 (3) in connection with a criminal proceeding as
20-14 otherwise provided by law.
20-15 Sec. 841.144. COUNSEL. (a) At all stages of the civil
20-16 commitment proceedings under this chapter, a person subject to a
20-17 proceeding is entitled to the assistance of counsel.
20-18 (b) If the person is indigent, the court shall appoint
20-19 counsel through the Office of State Counsel for Offenders to assist
20-20 the person.
20-21 Sec. 841.145. EXPERT. (a) A person who is examined under
20-22 this chapter may retain an expert to perform an examination or
20-23 participate in a civil commitment proceeding on the person's
20-24 behalf.
20-25 (b) On the request of an indigent person examined under this
20-26 chapter, the judge shall determine whether expert services for the
20-27 person are necessary. If the judge determines that the services
21-1 are necessary, the judge shall appoint an expert to perform an
21-2 examination or participate in a civil commitment proceeding on the
21-3 person's behalf.
21-4 (c) The court shall approve reasonable compensation for
21-5 expert services rendered on behalf of an indigent person on the
21-6 filing of a certified compensation claim supported by a written
21-7 statement specifying:
21-8 (1) time expended on behalf of the person;
21-9 (2) services rendered on behalf of the person;
21-10 (3) expenses incurred on behalf of the person; and
21-11 (4) compensation received in the same case or for the
21-12 same services from any other source.
21-13 (d) The court shall ensure that an expert retained or
21-14 appointed under this section has for purposes of examination
21-15 reasonable access to a person examined under this chapter, as well
21-16 as to all relevant medical and psychological records and reports.
21-17 Sec. 841.146. CIVIL COMMITMENT PROCEEDING; PROCEDURE AND
21-18 COSTS. (a) On request, a person subject to a civil commitment
21-19 proceeding under this chapter and the attorney representing the
21-20 state are entitled to a jury trial or a hearing before a jury for
21-21 that proceeding, except for a proceeding set by the judge under
21-22 Section 841.102(c)(1). The number and selection of jurors are
21-23 governed by Chapter 33, Code of Criminal Procedure.
21-24 (b) A civil commitment proceeding is subject to the rules of
21-25 procedure and appeal for civil cases.
21-26 (c) In an amount not to exceed $1,600, the state shall pay
21-27 the costs of a civil commitment proceeding conducted under
22-1 Subchapter D. For any civil commitment proceeding conducted under
22-2 this chapter, the state shall pay the costs of state or appointed
22-3 counsel or experts and the costs of the person's outpatient
22-4 treatment and supervision.
22-5 Sec. 841.147. IMMUNITY. The following persons are immune
22-6 from liability for good faith conduct under this chapter:
22-7 (1) an employee or officer of the Texas Department of
22-8 Criminal Justice, the Texas Department of Mental Health and Mental
22-9 Retardation, or the council;
22-10 (2) a member of the multidisciplinary team established
22-11 under Section 841.022;
22-12 (3) the attorney representing the state; and
22-13 (4) a person contracting, appointed, or volunteering
22-14 to perform a service under this chapter.
22-15 SECTION 4.02. Sections 51.13(a) and (b), Family Code, are
22-16 amended to read as follows:
22-17 (a) Except as provided by Subsection (d), an order of
22-18 adjudication or disposition in a proceeding under this title is not
22-19 a conviction of crime. Except as provided by Chapter 841, Health
22-20 and Safety Code, an order of adjudication or disposition [, and]
22-21 does not impose any civil disability ordinarily resulting from a
22-22 conviction or operate to disqualify the child in any civil service
22-23 application or appointment.
22-24 (b) The adjudication or disposition of a child or evidence
22-25 adduced in a hearing under this title may be used only in
22-26 subsequent:
22-27 (1) proceedings under this title in which the child is
23-1 a party;
23-2 (2) [or in subsequent] sentencing proceedings in
23-3 criminal court against the child to the extent permitted by the
23-4 Texas Code of Criminal Procedure, 1965; or
23-5 (3) civil commitment proceedings under Chapter 841,
23-6 Health and Safety Code.
23-7 SECTION 4.03. Section 61.066, Human Resources Code, is
23-8 amended to read as follows:
23-9 Sec. 61.066. COMMITMENT RECORDS. A commitment to the
23-10 commission may not be received in evidence or used in any way in
23-11 any proceedings in any court except in:
23-12 (1) subsequent proceedings under Title 3[,] of the
23-13 Family Code against the same child;
23-14 (2) [, and except in] imposing sentence in any
23-15 criminal proceedings against the same person; or
23-16 (3) subsequent civil commitment proceedings under
23-17 Chapter 841, Health and Safety Code, regarding the same person.
23-18 SECTION 4.04. Title 11, Health and Safety Code, as added by
23-19 this Act, applies only to an individual who on or after January 1,
23-20 2000, is serving a sentence in the Texas Department of Criminal
23-21 Justice or is committed to the Texas Department of Mental Health
23-22 and Mental Retardation for an offense committed before, on, or
23-23 after the effective date of this Act.
23-24 Explanation: This change is necessary to establish a process
23-25 for the civil commitment of sexually violent predators.
McCall
_______________________________
Speaker of the House
I certify that H.R. No. 1294 was adopted by the House on May
28, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House