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