By:  Shapiro, et al.                                    S.B. No. 29
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the civil commitment of sexually violent predators;
 1-2     providing a penalty.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  The Health and Safety Code is amended by adding
 1-5     Title 11 to read as follows:
 1-6          TITLE 11.  CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
 1-7        CHAPTER 841.  CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           Sec. 841.001.  LEGISLATIVE FINDINGS.  The legislature finds
1-10     that a small but extremely dangerous group of sexually violent
1-11     predators exists and that those predators have a behavioral
1-12     abnormality that is not amenable to traditional mental illness
1-13     treatment modalities and that makes the predators likely to engage
1-14     in repeated predatory acts of sexual violence.  The legislature
1-15     finds that the existing involuntary commitment provisions of
1-16     Subtitle C, Title 7, are inadequate to address the risk of repeated
1-17     predatory behavior that sexually violent predators pose to society.
1-18     The legislature further finds that treatment modalities for
1-19     sexually violent predators are different from the traditional
1-20     treatment modalities for persons appropriate for involuntary
1-21     commitment under Subtitle C, Title 7.  Thus, the legislature finds
1-22     that a civil commitment procedure for the long-term supervision and
1-23     treatment of sexually violent predators is necessary and in the
1-24     interest of the state.
 2-1           Sec. 841.002.  DEFINITIONS.  In this chapter:
 2-2                 (1)  "Attorney representing the state" means an
 2-3     attorney employed by the prison prosecution unit to initiate and
 2-4     pursue a civil commitment proceeding under this chapter.
 2-5                 (2)  "Behavioral abnormality" means a congenital or
 2-6     acquired condition that, by affecting a person's emotional or
 2-7     volitional capacity, predisposes the person to commit a sexually
 2-8     violent offense, to the extent that the person becomes a menace to
 2-9     the health and safety of another person.
2-10                 (3)  "Case manager" means a person employed by or under
2-11     contract with the council to perform duties related to outpatient
2-12     treatment and supervision of a person committed under this chapter.
2-13                 (4)  "Council" means the Interagency Council on Sex
2-14     Offender Treatment.
2-15                 (5)  "Predatory act" means an act that is committed for
2-16     the purpose of victimization and that is directed toward:
2-17                       (A)  a stranger;
2-18                       (B)  a person of casual acquaintance with whom no
2-19     substantial relationship exists; or
2-20                       (C)  a person with whom a relationship has been
2-21     established or promoted for the purpose of victimization.
2-22                 (6)  "Repeat sexually violent offender" has the meaning
2-23     assigned by Section 841.003.
2-24                 (7)  "Secure correctional facility" means a county jail
2-25     or a confinement facility operated by or under contract with any
2-26     division of the Texas Department of Criminal Justice.
 3-1                 (8)  "Sexually violent offense" means:
 3-2                       (A)  an offense under Section 21.11(a)(1),
 3-3     22.011, or 22.021, Penal Code;
 3-4                       (B)  an offense under Section 20.04(a)(4), Penal
 3-5     Code, if the defendant committed the offense with the intent to
 3-6     violate or abuse the victim sexually;
 3-7                       (C)  an offense under Section 30.02, Penal Code,
 3-8     if the offense is punishable under Subsection (d) of that section
 3-9     and the defendant committed the offense with the intent to commit
3-10     an offense listed in Paragraph (A) or (B);
3-11                       (D)  an attempt, conspiracy, or solicitation, as
3-12     defined by Chapter 15, Penal Code, to commit an offense listed in
3-13     Paragraph (A), (B), or (C);
3-14                       (E)  an offense under prior state law that
3-15     contains elements substantially similar to the elements of an
3-16     offense listed in Paragraph (A), (B), (C), or (D); or
3-17                       (F)  an offense under the law of another state,
3-18     federal law, or the Uniform Code of Military Justice that contains
3-19     elements substantially similar to the elements of an offense listed
3-20     in Paragraph (A), (B), (C), or (D).
3-21                 (9)  "Sexually violent predator" has the meaning
3-22     assigned by Section 841.003.
3-23                 (10)  "Tracking service" means an electronic monitoring
3-24     service, global positioning satellite service, or other appropriate
3-25     technological service that is designed to track a person's
3-26     location.
 4-1           Sec. 841.003.  SEXUALLY VIOLENT PREDATOR.  (a)  A person is a
 4-2     sexually violent predator for the purposes of this chapter if the
 4-3     person:
 4-4                 (1)  is a repeat sexually violent offender; and
 4-5                 (2)  suffers from a behavioral abnormality that makes
 4-6     the person likely to engage in a predatory act of sexual violence.
 4-7           (b)  A person is a repeat sexually violent offender for the
 4-8     purposes of this chapter if the person is convicted of more than
 4-9     one sexually violent offense and a sentence is imposed for at least
4-10     one of the offenses or if:
4-11                 (1)  the person:
4-12                       (A)  is convicted of a sexually violent offense,
4-13     regardless of whether the sentence for the offense was ever imposed
4-14     or whether the sentence was probated and the person was
4-15     subsequently discharged from community supervision;
4-16                       (B)  enters a plea of guilty or nolo contendere
4-17     for a sexually violent offense in return for a grant of deferred
4-18     adjudication;
4-19                       (C)  is adjudged not guilty by reason of insanity
4-20     of a sexually violent offense; or
4-21                       (D)  is adjudicated by a juvenile court as having
4-22     engaged in delinquent conduct constituting a sexually violent
4-23     offense and is committed to the Texas Youth Commission under
4-24     Section 54.04(d)(3) or (m), Family Code; and
4-25                 (2)  after the date on which under Subdivision (1) the
4-26     person is convicted, receives a grant of deferred adjudication, is
 5-1     adjudged not guilty by reason of insanity, or is adjudicated by a
 5-2     juvenile court as having engaged in delinquent conduct, the person
 5-3     commits a sexually violent offense for which the person:
 5-4                       (A)  is convicted, but only if the sentence for
 5-5     the offense is imposed; or
 5-6                       (B)  is adjudged not guilty by reason of
 5-7     insanity.
 5-8           Sec. 841.004.  PRISON PROSECUTION UNIT.  A special division
 5-9     of the prison prosecution unit, separate from that part of the unit
5-10     responsible for prosecuting criminal cases, is responsible for
5-11     initiating and pursuing a civil commitment proceeding under this
5-12     chapter.
5-13           Sec. 841.005.  OFFICE OF STATE COUNSEL FOR OFFENDERS.  The
5-14     office of State Counsel for Offenders shall represent a person
5-15     subject to a civil commitment proceeding under this chapter.
5-16           Sec. 841.006.  APPLICATION OF CHAPTER.  This chapter does
5-17     not:
5-18                 (1)  prohibit a person committed under this chapter
5-19     from filing at any time a petition for release under this chapter;
5-20     or
5-21                 (2)  create for the committed person a cause of action
5-22     against another person for failure to give notice within a period
5-23     required by Subchapter B.
5-24           Sec. 841.007.  DUTIES OF INTERAGENCY COUNCIL ON SEX OFFENDER
5-25     TREATMENT.  The Interagency Council on Sex Offender Treatment is
5-26     responsible for providing appropriate and necessary treatment and
 6-1     supervision through the case management system.
 6-2              (Sections 841.008-841.020 reserved for expansion
 6-3                SUBCHAPTER B.  NOTICE OF POTENTIAL PREDATOR;
 6-4                           INITIAL DETERMINATIONS
 6-5           Sec. 841.021.  NOTICE OF POTENTIAL PREDATOR.  (a)  Before the
 6-6     person's anticipated release date, the Texas Department of Criminal
 6-7     Justice shall give to the multidisciplinary team established under
 6-8     Section 841.022 written notice of the anticipated release of a
 6-9     person who:
6-10                 (1)  is serving a sentence for a sexually violent
6-11     offense; and
6-12                 (2)  may be a repeat sexually violent offender.
6-13           (b)  Before the person's anticipated discharge date, the
6-14     Texas Department of Mental Health and Mental Retardation shall give
6-15     to the multidisciplinary team established under Section 841.022
6-16     written notice of the anticipated discharge of a person who:
6-17                 (1)  is committed to the department after having been
6-18     adjudged not guilty by reason of insanity of a sexually violent
6-19     offense; and
6-20                 (2)  may be a repeat sexually violent offender.
6-21           (c)  The Texas Department of Criminal Justice or the Texas
6-22     Department of Mental Health and Mental Retardation, as appropriate,
6-23     shall give the notice described by Subsection (a) or (b) not later
6-24     than the first day of the 16th month before the person's
6-25     anticipated release or discharge date, but under exigent
6-26     circumstances may give the notice at any time before the
 7-1     anticipated release or discharge date.  The notice must contain the
 7-2     following information:
 7-3                 (1)  the person's name, identifying factors,
 7-4     anticipated residence after release or discharge, and criminal
 7-5     history;
 7-6                 (2)  documentation of the person's institutional
 7-7     adjustment and actual treatment; and
 7-8                 (3)  an assessment of the likelihood that the person
 7-9     will commit a sexually violent offense after release or discharge.
7-10           Sec. 841.022.  MULTIDISCIPLINARY TEAM.  (a)  The executive
7-11     director of the Texas Department of Criminal Justice and the
7-12     commissioner of mental health and mental retardation jointly shall
7-13     establish a multidisciplinary team to review available records of a
7-14     person referred to the team under Section 841.021.  The team must
7-15     include:
7-16                 (1)  two persons from the Texas Department of Mental
7-17     Health and Mental Retardation;
7-18                 (2)  three persons from the Texas Department of
7-19     Criminal Justice, one of whom must be from the victim services
7-20     office of that department;
7-21                 (3)  one person from the Department of Public Safety of
7-22     the State of Texas; and
7-23                 (4)  one person from the council.
7-24           (b)  The multidisciplinary team may request the assistance of
7-25     other persons in making a determination under this section.
7-26           (c)  Not later than the 30th day after the date the
 8-1     multidisciplinary team receives notice under Section 841.021(a) or
 8-2     (b), the team shall:
 8-3                 (1)  determine whether the person is a repeat sexually
 8-4     violent offender and whether the person is likely to commit a
 8-5     sexually violent offense after release or discharge;
 8-6                 (2)  give notice of that determination to the Texas
 8-7     Department of Criminal Justice or the Texas Department of Mental
 8-8     Health and Mental Retardation, as appropriate; and
 8-9                 (3)  recommend the assessment of the person for a
8-10     behavioral abnormality, as appropriate.
8-11           Sec. 841.023.  ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
8-12     (a)  Not later than the 30th day after the date of a recommendation
8-13     under Section 841.022(c), the Texas Department of Criminal Justice
8-14     or the Texas Department of Mental Health and Mental Retardation, as
8-15     appropriate, shall determine whether the person suffers from a
8-16     behavioral abnormality that makes the person likely to engage in a
8-17     predatory act of sexual violence.  To aid in the determination, the
8-18     department required to make the determination shall use an expert
8-19     to examine the person.  That department may contract for the expert
8-20     services required by this subsection.  The expert shall make a
8-21     clinical assessment based on testing for psychopathy, a clinical
8-22     interview, and other appropriate assessments and techniques to aid
8-23     in the determination.
8-24           (b)  If the Texas Department of Criminal Justice or the Texas
8-25     Department of Mental Health and Mental Retardation determines that
8-26     the person suffers from a behavioral abnormality, the department
 9-1     making the determination shall give notice of that determination
 9-2     and provide corresponding documentation to the attorney
 9-3     representing the state not later than the 30th day after the date
 9-4     of a recommendation under Section 841.022(c).
 9-5              (Sections 841.024-841.040 reserved for expansion
 9-6              SUBCHAPTER C.  PETITION ALLEGING PREDATOR STATUS
 9-7           Sec. 841.041.  PETITION ALLEGING PREDATOR STATUS.  (a)  If a
 9-8     person is referred to the attorney representing the state under
 9-9     Section 841.023, the attorney may file, in a Montgomery County
9-10     district court other than a family district court, a petition
9-11     alleging that the person is a sexually violent predator and stating
9-12     facts sufficient to support the allegation.
9-13           (b)  A petition described by Subsection (a) must be filed not
9-14     later than the 60th day after the date the person is referred to
9-15     the attorney representing the state.
9-16              (Sections 841.042-841.060 reserved for expansion
9-17                            SUBCHAPTER D.  TRIAL
9-18           Sec. 841.061.  TRIAL.  (a)  Not later than the 60th day after
9-19     the date a petition is filed under Section 841.041, the judge shall
9-20     conduct a trial to determine whether the person is a sexually
9-21     violent predator.
9-22           (b)  The person or the state is entitled to a jury trial on
9-23     demand.  A demand for a jury trial must be filed in writing not
9-24     later than the 10th day before the date the trial is scheduled to
9-25     begin.
9-26           (c)  The person and the state are entitled to an immediate
 10-1    examination of the person by an expert.
 10-2          (d)  Additional rights of the person at the trial include the
 10-3    following:
 10-4                (1)  the right to appear at the trial;
 10-5                (2)  the right to present evidence on the person's
 10-6    behalf;
 10-7                (3)  the right to cross-examine a witness who testifies
 10-8    against the person; and
 10-9                (4)  the right to view and  copy all petitions and
10-10    reports in the court file.
10-11          (e)  The attorney representing the state may rely on the
10-12    petition filed under Section 841.041 and supplement the petition
10-13    with documentary evidence or live testimony.
10-14          Sec. 841.062.  DETERMINATION OF PREDATOR STATUS.  (a)  The
10-15    judge or jury shall determine whether, beyond a reasonable doubt,
10-16    the person is a sexually violent predator.  Either the state or the
10-17    person is entitled to appeal the determination.
10-18          (b)  A jury determination that the person is a sexually
10-19    violent predator must be by unanimous verdict.
10-20          Sec. 841.063.  CONTINUANCE.  The judge may continue a trial
10-21    conducted under Section 841.061 if the person is not substantially
10-22    prejudiced by the continuance and:
10-23                (1)  on the request of either party and a showing of
10-24    good cause; or
10-25                (2)  on the judge's own motion in the due
10-26    administration of justice.
 11-1          Sec. 841.064.  MISTRIAL.  A trial following a mistrial must
 11-2    begin not later than the 90th day after the date a mistrial was
 11-3    declared in the previous trial, unless the later trial is continued
 11-4    as provided by Section 841.063.
 11-5             (Sections 841.065-841.080 reserved for expansion
 11-6                      SUBCHAPTER E.  CIVIL COMMITMENT
 11-7          Sec. 841.081.  CIVIL COMMITMENT OF PREDATOR.  If at a trial
 11-8    conducted under Subchapter D the judge or jury determines that the
 11-9    person is a sexually violent predator, the judge shall commit the
11-10    person for outpatient treatment and supervision to be coordinated
11-11    by the case manager.  The outpatient treatment and supervision must
11-12    begin on the person's release from a secure correctional facility
11-13    or discharge from a state hospital and must continue until the
11-14    person's behavioral abnormality has changed to the extent that the
11-15    person is no longer likely to engage in a predatory act of sexual
11-16    violence.
11-17          Sec. 841.082.  COMMITMENT REQUIREMENTS.  (a)  Before entering
11-18    an order directing a person's outpatient civil commitment, the
11-19    judge shall impose on the person requirements necessary to ensure
11-20    the person's compliance with treatment and supervision and to
11-21    protect the community.  The requirements shall include:
11-22                (1)  requiring the person to reside in a particular
11-23    location;
11-24                (2)  prohibiting the person's contact with a victim or
11-25    potential victim of the person;
11-26                (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
 13-1    shall transfer jurisdiction of the case to a district court, other
 13-2    than a family district court, having jurisdiction in the county in
 13-3    which the defendant is residing.
 13-4          Sec. 841.083.  TREATMENT; SUPERVISION.  (a)  The council
 13-5    shall approve and contract for the provision of a treatment plan
 13-6    for the committed person to be developed by the treatment provider.
 13-7    A treatment plan may include the monitoring of the person with a
 13-8    polygraph or plethysmograph.  The treatment provider may receive
 13-9    annual compensation in an amount not to exceed $6,000 for providing
13-10    the required treatment.
13-11          (b)  The case manager shall provide supervision to the
13-12    person.  The provision of supervision shall include tracking
13-13    services and, if required by court order, supervised housing.
13-14          (c)  The council shall enter into an interagency agreement
13-15    with the Department of Public Safety of the State of Texas for the
13-16    provision of tracking services.  The Department of Public Safety
13-17    shall contract with the General Services Commission for the
13-18    equipment necessary to implement those services.
13-19          (d)  The council shall contract for any necessary supervised
13-20    housing.  The committed person may not be housed for any period of
13-21    time in a mental health facility, state school, or community
13-22    center.  In this subsection:
13-23                (1)  "Community center" means a center established
13-24    under Subchapter A, Chapter 534.
13-25                (2)  "Mental health facility" has the meaning assigned
13-26    by Section 571.003.
 14-1                (3)  "State school" has the meaning assigned by Section
 14-2    531.002.
 14-3          (e)  The case manager shall:
 14-4                (1)  coordinate the outpatient treatment and
 14-5    supervision required by this chapter, including performing a
 14-6    periodic assessment of the success of that treatment and
 14-7    supervision;
 14-8                (2)  make timely recommendations to the judge on
 14-9    whether to allow the committed person to change residence or to
14-10    leave the state and on any other appropriate matters; and
14-11                (3)  provide a report to the council, semiannually or
14-12    more frequently as necessary, which must include:
14-13                      (A)  any known change in the person's status that
14-14    affects proper treatment and supervision; and
14-15                      (B)  any recommendations made to the judge.
14-16          Sec. 841.084.  PROVIDER STATUS REPORTS.  A treatment provider
14-17    or a supervision provider other than the case manager shall submit,
14-18    monthly or more frequently if required by the case manager, a
14-19    report to the case manager stating whether the person is complying
14-20    with treatment or supervision requirements, as applicable.
14-21          Sec. 841.085.  CRIMINAL PENALTY.  A person commits an offense
14-22    if the person violates a requirement imposed under Section 841.082.
14-23    An offense under this section is a felony of the third degree.
14-24             (Sections 841.086-841.100 reserved for expansion
14-25                     SUBCHAPTER F.  COMMITMENT REVIEW
14-26          Sec. 841.101.  BIENNIAL EXAMINATION.  (a)  A person committed
 15-1    under Section 841.081 shall receive a biennial examination.  The
 15-2    council shall contract for an expert to perform the examination.
 15-3          (b)  In preparation for a judicial review conducted under
 15-4    Section 841.102, the case manager shall provide a report of the
 15-5    biennial examination to the judge.  The report must include
 15-6    consideration of whether to modify a requirement imposed on the
 15-7    person under this chapter and whether to release the person from
 15-8    all requirements imposed on the person under this chapter.  The
 15-9    case manager shall provide a copy of the report to the council.
15-10          Sec. 841.102.  BIENNIAL REVIEW.  (a)  The judge shall conduct
15-11    a biennial review of the status of the committed person.
15-12          (b)  The person is entitled to be represented by counsel at
15-13    the biennial review, but the person is not entitled to be present
15-14    at that review.
15-15          (c)  The judge shall set a hearing if the judge determines at
15-16    the biennial review that:
15-17                (1)  a requirement imposed on the person under this
15-18    chapter should be modified; or
15-19                (2)  probable cause exists to believe that the person's
15-20    behavioral abnormality has changed to the extent that the person is
15-21    no longer likely to engage in a predatory act of sexual violence.
15-22          Sec. 841.103.  HEARING.  (a)  At a hearing set by the judge
15-23    under Section 841.102, the person and the state are entitled to an
15-24    immediate examination of the person by an expert.
15-25          (b)  If the hearing is set under Section 841.102(c)(1),
15-26    hearsay evidence is admissible if it is considered otherwise
 16-1    reliable by the judge.
 16-2          (c)  If the hearing is set under Section 841.102(c)(2), the
 16-3    committed person is entitled to be present and to have the benefit
 16-4    of all constitutional protections provided to the person at the
 16-5    initial civil commitment proceeding.  On the request of the person
 16-6    or the attorney representing the state, the court shall conduct the
 16-7    hearing before a jury.  The burden of proof at that hearing is on
 16-8    the state to prove beyond a reasonable doubt that the person's
 16-9    behavioral abnormality has not changed to the extent that the
16-10    person is no longer likely to engage in a predatory act of sexual
16-11    violence.
16-12             (Sections 841.104-841.120 reserved for expansion
16-13                    SUBCHAPTER G.  PETITION FOR RELEASE
16-14          Sec. 841.121.  AUTHORIZED PETITION FOR RELEASE.  (a)  If the
16-15    case manager determines that the committed person's behavioral
16-16    abnormality has changed to the extent that the person is no longer
16-17    likely to engage in a predatory act of sexual violence, the case
16-18    manager shall authorize the person to petition the court for
16-19    release.
16-20          (b)  The petitioner shall serve a petition under this section
16-21    on the court and the attorney representing the state.
16-22          (c)  The judge shall set a hearing on a petition under this
16-23    section not later than the 30th day after the date the judge
16-24    receives the petition.  The petitioner and the state are entitled
16-25    to an immediate examination of the petitioner by an expert.
16-26          (d)  On request of the petitioner or the attorney
 17-1    representing the state, the court shall conduct the hearing before
 17-2    a jury.
 17-3          (e)  The burden of proof at the hearing is on the state to
 17-4    prove beyond a reasonable doubt that the petitioner's behavioral
 17-5    abnormality has not changed to the extent that the petitioner is no
 17-6    longer likely to engage in a predatory act of sexual violence.
 17-7          Sec. 841.122.  RIGHT TO FILE UNAUTHORIZED PETITION FOR
 17-8    RELEASE.  On a person's commitment and annually after that
 17-9    commitment, the case manager shall provide the person with written
17-10    notice of the person's right to file with the court and without the
17-11    case manager's authorization a petition for release.
17-12          Sec. 841.123.  REVIEW OF UNAUTHORIZED PETITION FOR RELEASE.
17-13    (a)  If the committed person files a petition for release without
17-14    the case manager's authorization, the person shall serve the
17-15    petition on the court and the attorney representing the state.
17-16          (b)  On receipt of a petition for release filed by the
17-17    committed person without the case manager's authorization, the
17-18    judge shall attempt as soon as practicable to review the petition.
17-19          (c)  Except as provided by Subsection (d), the judge shall
17-20    deny without a hearing a petition for release filed without the
17-21    case manager's authorization if the petition is frivolous or if:
17-22                (1)  the petitioner previously filed without the case
17-23    manager's authorization another petition for release; and
17-24                (2)  the judge determined on review of the previous
17-25    petition or following a hearing that:
17-26                      (A)  the petition was frivolous; or
 18-1                      (B)  the petitioner's behavioral abnormality had
 18-2    not changed to the extent that the petitioner was no longer likely
 18-3    to engage in a predatory act of sexual violence.
 18-4          (d)  The judge may not deny a petition under Subsection (c)
 18-5    if probable cause exists to believe that the petitioner's
 18-6    behavioral abnormality has changed to the extent that the
 18-7    petitioner is no longer likely to engage in a predatory act of
 18-8    sexual violence.
 18-9          Sec. 841.124.  HEARING ON UNAUTHORIZED PETITION FOR RELEASE.
18-10    (a)  If as authorized by Section 841.123 the judge does not deny a
18-11    petition for release filed by the committed person without the case
18-12    manager's authorization, the judge shall conduct as soon as
18-13    practicable a hearing on the petition.
18-14          (b)  The petitioner and the state are entitled to an
18-15    immediate examination of the person by an expert.
18-16          (c)  On request of the petitioner or the attorney
18-17    representing the state, the court shall conduct the hearing before
18-18    a jury.
18-19          (d)  The burden of proof at the hearing is on the state to
18-20    prove beyond a reasonable doubt that the petitioner's behavioral
18-21    abnormality has not changed to the extent that the petitioner is no
18-22    longer likely to engage in a predatory act of sexual violence.
18-23             (Sections 841.125-841.140 reserved for expansion
18-24                  SUBCHAPTER H.  MISCELLANEOUS PROVISIONS
18-25          Sec. 841.141.  RULEMAKING AUTHORITY.  (a)  The council by
18-26    rule shall administer this chapter.  Rules adopted by the council
 19-1    under this section must be consistent with the purposes of this
 19-2    chapter.
 19-3          (b)  The council by rule shall develop standards of care and
 19-4    case management for persons committed under this chapter.
 19-5          Sec. 841.142.  RELEASE OR EXCHANGE OF INFORMATION.  (a)  To
 19-6    protect the public and to enable a determination relating to
 19-7    whether a person is a sexually violent predator, any entity that
 19-8    possesses relevant information relating to the person shall release
 19-9    the information to an entity charged with making a determination
19-10    under this chapter.
19-11          (b)  To protect the public and to enable the provision of
19-12    supervision and treatment to a person who is a sexually violent
19-13    predator, any entity that possesses relevant information relating
19-14    to the person shall release the information to the case manager.
19-15          (c)  On the written request of any attorney for another state
19-16    or a political subdivision in another state, the Texas Department
19-17    of Criminal Justice, the council, a service provider contracting
19-18    with one of those agencies, the multidisciplinary team, and the
19-19    attorney representing the state shall release to the attorney any
19-20    available information relating to a person that is sought in
19-21    connection with an attempt to civilly commit the person as a
19-22    sexually violent predator in another state.
19-23          (d)  To protect the public and to enable a determination
19-24    relating to whether a person is a sexually violent predator or to
19-25    enable the provision of supervision and treatment to a person who
19-26    is a sexually violent predator, the Texas Department of Criminal
 20-1    Justice, the council, a service provider contracting with one of
 20-2    those agencies, the multidisciplinary team, and the attorney
 20-3    representing the state may exchange any available information
 20-4    relating to the person.
 20-5          (e)  Information subject to release or exchange under this
 20-6    section includes information relating to the supervision,
 20-7    treatment, criminal history, or physical or mental health of the
 20-8    person, as appropriate, regardless of whether the information is
 20-9    otherwise confidential and regardless of when the information was
20-10    created or collected.  The person's consent is not required for
20-11    release or exchange of information under this section.
20-12          Sec. 841.143.  REPORT, RECORD, OR STATEMENT SUBMITTED TO
20-13    COURT.  (a)  A psychological report, drug and alcohol report,
20-14    treatment record, diagnostic report, medical record, or victim
20-15    impact statement submitted to the court under this chapter is part
20-16    of the record of the court.
20-17          (b)  Notwithstanding Subsection (a), the report, record, or
20-18    statement must be sealed and may be opened only:
20-19                (1)  on order of the judge;
20-20                (2)  as provided by this chapter; or
20-21                (3)  in connection with a criminal proceeding as
20-22    otherwise provided by law.
20-23          Sec. 841.144.  COUNSEL.  (a)  At all stages of the civil
20-24    commitment proceedings under this chapter, a person subject to a
20-25    proceeding is entitled to the assistance of counsel.
20-26          (b)  If the person is indigent, the court shall appoint
 21-1    counsel through the office of State Counsel for Offenders to assist
 21-2    the person.
 21-3          Sec. 841.145.  EXPERT.  (a)  A person who is examined under
 21-4    this chapter may retain an expert to perform an examination or
 21-5    participate in a civil commitment proceeding on the person's
 21-6    behalf.
 21-7          (b)  On the request of an indigent person examined under this
 21-8    chapter, the judge shall determine whether expert services for the
 21-9    person are necessary.  If the judge determines that the services
21-10    are necessary, the judge shall appoint an expert to perform an
21-11    examination or participate in a civil commitment proceeding on the
21-12    person's behalf.
21-13          (c)  The court shall approve reasonable compensation for
21-14    expert services rendered on behalf of an indigent person on the
21-15    filing of a certified compensation claim supported by a written
21-16    statement specifying:
21-17                (1)  time expended on behalf of the person;
21-18                (2)  services rendered on behalf of the person;
21-19                (3)  expenses incurred on behalf of the person; and
21-20                (4)  compensation received in the same case or for the
21-21    same services from any other source.
21-22          (d)  The court shall ensure that an expert retained or
21-23    appointed under this section has for purposes of examination
21-24    reasonable access to a person examined under this chapter, as well
21-25    as to all relevant medical and psychological records and reports.
21-26          Sec. 841.146.  CIVIL COMMITMENT PROCEEDING; PROCEDURE AND
 22-1    COSTS.  (a)  On request, a person subject to a civil commitment
 22-2    proceeding under this chapter and the attorney representing the
 22-3    state are entitled to a jury trial or a hearing before a jury for
 22-4    that proceeding, except for a proceeding set by the judge under
 22-5    Section 841.102(c)(1).  The number and selection of jurors are
 22-6    governed by Chapter 33, Code of Criminal Procedure.
 22-7          (b)  A civil commitment proceeding is subject to the rules of
 22-8    procedure and appeal for civil cases.
 22-9          (c)  In an amount not to exceed $1,600, the state shall pay
22-10    the costs of a civil commitment proceeding conducted under
22-11    Subchapter D.  For any civil commitment proceeding conducted under
22-12    this chapter, the state shall pay the costs of state or appointed
22-13    counsel or experts and the costs of the person's outpatient
22-14    treatment and supervision.
22-15          Sec. 841.147.  IMMUNITY.  The following persons are immune
22-16    from liability for good faith conduct under this chapter:
22-17                (1)  an employee or officer of the Texas Department of
22-18    Criminal Justice, the Texas Department of Mental Health and Mental
22-19    Retardation, or the council;
22-20                (2)  a member of the multidisciplinary team established
22-21    under Section 841.022;
22-22                (3)  the attorney representing the state; and
22-23                (4)  a person contracting, appointed, or volunteering
22-24    to perform a service under this chapter.
22-25          SECTION 2.  Subsections (a) and (b), Section 51.13, Family
22-26    Code, are amended to read as follows:
 23-1          (a)  Except as provided by Subsection (d), an order of
 23-2    adjudication or disposition in a proceeding under this title is not
 23-3    a conviction of crime.  Except as provided by Chapter 841, Health
 23-4    and Safety Code, an order of adjudication or disposition [, and]
 23-5    does not impose any civil disability ordinarily resulting from a
 23-6    conviction or operate to disqualify the child in any civil service
 23-7    application or appointment.
 23-8          (b)  The adjudication or disposition of a child or evidence
 23-9    adduced in a hearing under this title may be used only in
23-10    subsequent:
23-11                (1)  proceedings under this title in which the child is
23-12    a party;
23-13                (2)  [or in subsequent] sentencing proceedings in
23-14    criminal court against the child to the extent permitted by the
23-15    Texas Code of Criminal Procedure, 1965; or
23-16                (3)  civil commitment proceedings under Chapter 841,
23-17    Health and Safety Code.
23-18          SECTION 3.  Section 61.066, Human Resources Code, is amended
23-19    to read as follows:
23-20          Sec. 61.066.  COMMITMENT RECORDS.  A commitment to the
23-21    commission may not be received in evidence or used in any way in
23-22    any proceedings in any court except in:
23-23                (1)  subsequent proceedings under Title 3[,] of the
23-24    Family Code against the same child;
23-25                (2)  [, and except in] imposing sentence in any
23-26    criminal proceedings against the same person; or
 24-1                (3)  subsequent civil commitment proceedings under
 24-2    Chapter 841, Health and Safety Code, regarding the same person.
 24-3          SECTION 4.  Title 11, Health and Safety Code, as added by
 24-4    this Act, applies only to an individual who on or after January 1,
 24-5    2000, is serving a sentence in the Texas Department of Criminal
 24-6    Justice or is committed to the Texas Department of Mental Health
 24-7    and Mental Retardation for an offense committed before, on, or
 24-8    after the effective date of this Act.
 24-9          SECTION 5.  Except as provided by Section 6 of this Act, this
24-10    Act takes effect September 1, 1999.
24-11          SECTION 6.  This Act takes effect only if a specific
24-12    appropriation for the implementation of this Act is provided in
24-13    H.B. No. 1 (General Appropriations Act), Acts of the 76th
24-14    Legislature, Regular Session, 1999.  If no specific appropriation
24-15    is provided in H.B. No. 1, the General Appropriations Act, this Act
24-16    has no effect.
24-17          SECTION 7.  The importance of this legislation and the
24-18    crowded condition of the calendars in both houses create an
24-19    emergency and an imperative public necessity that the
24-20    constitutional rule requiring bills to be read on three several
24-21    days in each house be suspended, and this rule is hereby suspended.
24-22                         COMMITTEE AMENDMENT NO. 1
24-23          Amend S.B. No. 29 as follows:
24-24          (1)  On page 7, line 23 after "council" and before the period
24-25    insert "who has experience as a sex offender treatment provider";
24-26          (2)  On page 8, line 13-14 strike "Texas Department of
 25-1    Criminal Justice or the Texas Department of Mental Health and
 25-2    Mental Retardation" and substitute "multidisciplinary team";
 25-3          (3)  On page 8, line 24-25 strike "Texas Deparment of
 25-4    Criminal Justice or Texas Department of Mental Health and Mental
 25-5    Retardation" and substitute "multidisciplinary team";
 25-6          (4)  On page 13, line 16-17 strike "The Department of Public
 25-7    Safety shall contract with the General Services Commission for the
 25-8    equipment necessary to implement those services." and substitute
 25-9    "The Department of Public Safety shall use the equipment on state
25-10    contract procured through the General Services Commission.";
25-11          (5)  On page 16, line 15 strike "case manager" and substitute
25-12    "council";
25-13          (6)  On page 16, line 17 strike "case manager" and substitute
25-14    "council";
25-15          (7)  On page 17, line 9 strike "case manager" and substitute
25-16    "council";
25-17          (8)  On page 17, line 11 strike "case manager" and substitute
25-18    "council";
25-19          (9)  On page 17, line 14 strike "case manager" and substitute
25-20    "council";
25-21          (10)  On page 17, line 17 strike "case manager" and
25-22    substitute "council";
25-23          (11)  On page 17, line 21 strike "case manager" and
25-24    substitute "council";
25-25          (12)  On page 17, line 22 strike "case manager" and
25-26    substitute "council";
 26-1          (13)  On page 18, line 11 strike "case manager" and
 26-2    substitute "council";
 26-3                                                                Staples