By: Shapiro S.B. No. 1048
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil commitment of sexually violent predators.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (4), Section 841.002, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (4) "Council" means the [Interagency] Council on Sex
1-7 Offender Treatment.
1-8 SECTION 2. Sections 841.005, 841.006, and 841.007, Health
1-9 and Safety Code, are amended to read as follows:
1-10 Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS.
1-11 (a) Except as provided by Subsection (b), the [The] Office of
1-12 State Counsel for Offenders shall represent an indigent [a] person
1-13 subject to a civil commitment proceeding under this chapter.
1-14 (b) If for any reason the Office of State Counsel for
1-15 Offenders is unable to represent an indigent person described by
1-16 Subsection (a) at a civil commitment proceeding under this chapter,
1-17 the court shall appoint other counsel to represent the indigent
1-18 person.
1-19 Sec. 841.006. APPLICATION OF CHAPTER. This chapter does
1-20 not:
1-21 (1) prohibit a person committed under this chapter
1-22 from filing at any time a petition for release under this chapter;
1-23 or
1-24 (2) create for the committed person a cause of action
1-25 against another person for failure to give notice within a period
2-1 required by Subchapter B, C, or D.
2-2 Sec. 841.007. DUTIES OF [INTERAGENCY] COUNCIL ON SEX
2-3 OFFENDER TREATMENT. The [Interagency] Council on Sex Offender
2-4 Treatment is responsible for providing appropriate and necessary
2-5 treatment and supervision through the case management system.
2-6 SECTION 3. Subsection (c), Section 841.021, Health and
2-7 Safety Code, is amended to read as follows:
2-8 (c) The Texas Department of Criminal Justice or the Texas
2-9 Department of Mental Health and Mental Retardation, as appropriate,
2-10 shall give the notice described by Subsection (a) or (b) not later
2-11 than the first day of the 14th [16th] month before the person's
2-12 anticipated release or discharge date, but under exigent
2-13 circumstances may give the notice at any time before the
2-14 anticipated release or discharge date. The notice must contain the
2-15 following information:
2-16 (1) the person's name, identifying factors,
2-17 anticipated residence after release or discharge, and criminal
2-18 history;
2-19 (2) documentation of the person's institutional
2-20 adjustment and actual treatment; and
2-21 (3) an assessment of the likelihood that the person
2-22 will commit a sexually violent offense after release or discharge.
2-23 SECTION 4. Subsections (a) and (c), Section 841.022, Health
2-24 and Safety Code, are amended to read as follows:
2-25 (a) The executive director of the Texas Department of
2-26 Criminal Justice and the commissioner of the Texas Department of
3-1 Mental Health and Mental Retardation jointly shall establish a
3-2 multidisciplinary team to review available records of a person
3-3 referred to the team under Section 841.021. The team must include:
3-4 (1) one person [two persons] from the Texas Department
3-5 of Mental Health and Mental Retardation;
3-6 (2) three persons from the Texas Department of
3-7 Criminal Justice, one of whom must be from the victim services
3-8 office of that department;
3-9 (3) one person from the Texas Department of Public
3-10 Safety; and
3-11 (4) two persons [one person] from the council.
3-12 (c) Not later than the 60th [30th] day after the date the
3-13 multidisciplinary team receives notice under Section 841.021(a) or
3-14 (b), the team shall:
3-15 (1) determine whether the person is a repeat sexually
3-16 violent offender and whether the person is likely to commit a
3-17 sexually violent offense after release or discharge;
3-18 (2) give notice of that determination to the Texas
3-19 Department of Criminal Justice or the Texas Department of Mental
3-20 Health and Mental Retardation, as appropriate; and
3-21 (3) recommend the assessment of the person for a
3-22 behavioral abnormality, as appropriate.
3-23 SECTION 5. Section 841.023, Health and Safety Code, is
3-24 amended to read as follows:
3-25 Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
3-26 (a) Not later than the 60th [30th] day after the date of a
4-1 recommendation under Section 841.022(c), the Texas Department of
4-2 Criminal Justice or the Texas Department of Mental Health and
4-3 Mental Retardation, as appropriate, shall determine whether the
4-4 person suffers from a behavioral abnormality that makes the person
4-5 likely to engage in a predatory act of sexual violence. To aid in
4-6 the determination, the department required to make the
4-7 determination shall use an expert to examine the person. That
4-8 department may contract for the expert services required by this
4-9 subsection. The expert shall make a clinical assessment based on
4-10 testing for psychopathy, a clinical interview, and other
4-11 appropriate assessments and techniques to aid in the determination.
4-12 (b) If the Texas Department of Criminal Justice or the Texas
4-13 Department of Mental Health and Mental Retardation determines that
4-14 the person suffers from a behavioral abnormality, the department
4-15 making the determination shall give notice of that determination
4-16 and provide corresponding documentation to the attorney
4-17 representing the state not later than the 60th [30th] day after the
4-18 date of a recommendation under Section 841.022(c).
4-19 SECTION 6. Subsection (b), Section 841.041, Health and
4-20 Safety Code, is amended to read as follows:
4-21 (b) A petition described by Subsection (a) must be filed
4-22 not later than the 90th [60th] day after the date the person is
4-23 referred to the attorney representing the state.
4-24 SECTION 7. Section 841.061, Health and Safety Code, is
4-25 amended by amending Subsections (a) and (d) and by adding
4-26 Subsection (f) to read as follows:
5-1 (a) Not later than the 180th [60th] day after the date a
5-2 petition is filed under Section 841.041, the judge shall conduct a
5-3 trial to determine whether the person is a sexually violent
5-4 predator.
5-5 (d) Additional rights of the person at the trial include the
5-6 following:
5-7 (1) the right to appear at the trial;
5-8 (2) except as provided by Subsection (f), the right to
5-9 present evidence on the person's behalf;
5-10 (3) the right to cross-examine a witness who testifies
5-11 against the person; and
5-12 (4) the right to view and copy all petitions and
5-13 reports in the court file.
5-14 (f) A person who is on trial to determine the person's
5-15 status as a sexually violent predator is required to submit to all
5-16 expert examinations that are required or permitted of the state to
5-17 prepare for the person's trial. A person who fails to submit to
5-18 expert examination on the state's behalf as required by this
5-19 subsection is subject to the following consequences:
5-20 (1) the person's failure to participate may be used as
5-21 evidence against the person at trial;
5-22 (2) the person may be prohibited from offering into
5-23 evidence the results of an expert examination performed on the
5-24 person's behalf; and
5-25 (3) the person may be subject to contempt proceedings
5-26 if the person violates a court order by failing to submit to an
6-1 expert examination on the state's behalf.
6-2 SECTION 8. Section 841.081, Health and Safety Code, is
6-3 amended to read as follows:
6-4 Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. If at a trial
6-5 conducted under Subchapter D the judge or jury determines that the
6-6 person is a sexually violent predator, the judge shall commit the
6-7 person for outpatient treatment and supervision to be coordinated
6-8 by the case manager. The outpatient treatment and supervision must
6-9 begin on the entry of an order of civil commitment by the judge
6-10 [person's release from a secure correctional facility or discharge
6-11 from a state hospital] and must continue until the person's
6-12 behavioral abnormality has changed to the extent that the person is
6-13 no longer likely to engage in a predatory act of sexual violence.
6-14 SECTION 9. Subsections (a) and (c), Section 841.082, Health
6-15 and Safety Code, are amended to read as follows:
6-16 (a) Before entering an order directing a person's outpatient
6-17 civil commitment, the judge shall impose on the person requirements
6-18 necessary to ensure the person's compliance with treatment and
6-19 supervision and to protect the community. The requirements shall
6-20 include:
6-21 (1) requiring the person to reside in a particular
6-22 location;
6-23 (2) prohibiting the person's contact with a victim or
6-24 potential victim of the person;
6-25 (3) prohibiting the person's use of alcohol or a
6-26 controlled substance;
7-1 (4) requiring the person's participation in a specific
7-2 course of treatment;
7-3 (5) requiring the person to submit to tracking under a
7-4 particular type of tracking service and to any other appropriate
7-5 supervision;
7-6 (6) prohibiting the person from changing the person's
7-7 residence without prior authorization from the judge and from
7-8 leaving the state without that prior authorization;
7-9 (7) if determined appropriate by the judge,
7-10 establishing a child safety zone in the same manner as a child
7-11 safety zone is established by a judge under Section 13B, Article
7-12 42.12, Code of Criminal Procedure, and requiring the person to
7-13 comply with requirements related to the safety zone;
7-14 (8) requiring the person to notify the case manager
7-15 immediately but in any event within 24 [48] hours of any change in
7-16 the person's status that affects proper treatment and supervision,
7-17 including a change in the person's physical health or job status
7-18 and including any incarceration of the person; and
7-19 (9) any other requirements determined necessary by the
7-20 judge.
7-21 (c) Immediately after the person's commitment, the judge
7-22 shall transfer jurisdiction of the case to a district court, other
7-23 than a family district court, having jurisdiction in the county in
7-24 which the person [defendant] is residing.
7-25 SECTION 10. Subsections (b), (c), and (d), Section 841.083,
7-26 Health and Safety Code, are amended to read as follows:
8-1 (b) The case manager shall provide supervision to the
8-2 person. The provision of supervision shall include a tracking
8-3 service [services] and, if required by court order, supervised
8-4 housing.
8-5 (c) The council shall enter into an interagency agreement
8-6 with the Texas Department of Public Safety for the provision of a
8-7 tracking service [services]. If the equipment necessary to
8-8 implement that service is available through a contract entered into
8-9 by [The Department of Public Safety shall contract with] the
8-10 General Services Commission, the Texas Department of Public Safety
8-11 shall acquire that equipment through that contract [for the
8-12 equipment necessary to implement those services].
8-13 (d) The council shall enter into an interagency agreement
8-14 with the Texas Department of Criminal Justice [contract] for any
8-15 necessary supervised housing. The council shall reimburse that
8-16 department for housing costs under this section. The committed
8-17 person may not be housed for any period of time in a mental health
8-18 facility, state school, or community center. In this subsection:
8-19 (1) "Community center" means a center established
8-20 under Subchapter A, Chapter 534.
8-21 (2) "Mental health facility" has the meaning assigned
8-22 by Section 571.003.
8-23 (3) "State school" has the meaning assigned by Section
8-24 531.002.
8-25 SECTION 11. Subsection (a), Section 841.141, Health and
8-26 Safety Code, is amended to read as follows:
9-1 (a) The council by rule shall administer treatment and
9-2 supervision under this chapter. Rules adopted by the council under
9-3 this section must be:
9-4 (1) related to treatment and supervision under this
9-5 chapter; and
9-6 (2) consistent with the purposes of this chapter.
9-7 SECTION 12. Subsection (c), Section 841.142, Health and
9-8 Safety Code, is amended to read as follows:
9-9 (c) On the written request of any attorney for another state
9-10 or for a political subdivision in another state, the Texas
9-11 Department of Criminal Justice, the council, a service provider
9-12 contracting with one of those agencies, the multidisciplinary team,
9-13 and the attorney representing the state shall release to the
9-14 attorney any available information relating to a person that is
9-15 sought in connection with an attempt to civilly commit the person
9-16 as a sexually violent predator in another state.
9-17 SECTION 13. Subsection (b), Section 841.144, Health and
9-18 Safety Code, is amended to read as follows:
9-19 (b) If the person is indigent, the court shall appoint
9-20 counsel as appropriate under Section 841.005 [through the Office of
9-21 State Counsel for Offenders] to assist the person.
9-22 SECTION 14. Subsections (b) and (c), Section 841.146, Health
9-23 and Safety Code, are amended to read as follows:
9-24 (b) Except as otherwise provided by this subsection, a [A]
9-25 civil commitment proceeding is subject to the rules of procedure
9-26 and appeal for civil cases. To the extent of any conflict between
10-1 this chapter and the rules of procedure and appeal for civil cases,
10-2 this chapter controls.
10-3 (c) In an amount not to exceed $1,600, the State of Texas
10-4 [state] shall pay all [the] costs associated with [of] a civil
10-5 commitment proceeding conducted under Subchapter D. The State of
10-6 Texas [For any civil commitment proceeding conducted under this
10-7 chapter, the state] shall pay the reasonable costs of state or
10-8 appointed counsel or experts for any other civil commitment
10-9 proceeding conducted under this chapter and shall pay the
10-10 reasonable costs of the person's outpatient treatment and
10-11 supervision.
10-12 SECTION 15. Subchapter H, Chapter 841, Health and Safety
10-13 Code, is amended by adding Sections 841.1461, 841.1462, 841.1463,
10-14 and 841.150 to read as follows:
10-15 Sec. 841.1461. CERTAIN EXPERT TESTIMONY NOT REQUIRED FOR
10-16 CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATOR. A person who
10-17 suffers from a behavioral abnormality as determined under this
10-18 chapter is not because of that abnormality a person of unsound mind
10-19 for purposes of Section 15-a, Article I, Texas Constitution.
10-20 Sec. 841.1462. PRIVILEGE FOR PERSONAL INFORMATION THAT
10-21 IDENTIFIES VICTIM. Personal information, including a home address,
10-22 home telephone number, and social security account number, that
10-23 identifies the victim of a person subject to a civil commitment
10-24 proceeding under this chapter is privileged from discovery by that
10-25 person.
10-26 Sec. 841.1463. FAILURE TO GIVE NOTICE WITHIN RELEVANT PERIOD
11-1 NOT JURISDICTIONAL ERROR. The periods within which notice must be
11-2 given under this chapter are binding on all appropriate persons as
11-3 provided by this chapter, but a failure to give notice within the
11-4 relevant period is not a jurisdictional error.
11-5 Sec. 841.150. EFFECT OF CERTAIN SUBSEQUENT CONVICTIONS,
11-6 JUDGMENTS, OR VERDICTS ON ORDER OF CIVIL COMMITMENT. (a) Except
11-7 as provided by Subsection (b), the following convictions,
11-8 judgments, or verdicts do not affect an order of civil commitment
11-9 under this chapter:
11-10 (1) a conviction for a felony if a sentence is not
11-11 imposed;
11-12 (2) a conviction for a misdemeanor, regardless of
11-13 whether a sentence is imposed; and
11-14 (3) a judgment or verdict of not guilty by reason of
11-15 insanity for any offense absent a corresponding commitment to the
11-16 Texas Department of Mental Health and Mental Retardation.
11-17 (b) The statutory duties imposed by this chapter are
11-18 suspended for the duration of any confinement of a person who
11-19 receives a conviction described by Subsection (a)(2).
11-20 SECTION 16. Section 841.147, Health and Safety Code, is
11-21 amended to read as follows:
11-22 Sec. 841.147. IMMUNITY. The following persons are immune
11-23 from liability for good faith conduct under this chapter:
11-24 (1) an employee or officer of the Texas Department of
11-25 Criminal Justice, the Texas Department of Mental Health and Mental
11-26 Retardation, the Texas Department of Health, or the council;
12-1 (2) a member of the multidisciplinary team established
12-2 under Section 841.022;
12-3 (3) the attorney representing the state; and
12-4 (4) a person contracting, appointed, or volunteering
12-5 to perform a service under this chapter.
12-6 SECTION 17. The change in law made by this Act applies to
12-7 civil commitment proceedings initiated before, on, or after the
12-8 effective date of this Act.
12-9 SECTION 18. This Act takes effect September 1, 2001.