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