By Shapiro S.B. No. 1048
77R1483 KEL-D
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. Section 841.002(4), Health and Safety Code, is
1-5 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 and
1-9 Safety Code, are amended to read as follows:
1-10 Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS. (a)
1-11 Except as provided by Subsection (b), the [The] Office of State
1-12 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
2-1 against another person for failure to give notice within a period
2-2 required by Subchapter B, C, or D.
2-3 Sec. 841.007. DUTIES OF [INTERAGENCY] COUNCIL ON SEX
2-4 OFFENDER TREATMENT. The [Interagency] Council on Sex Offender
2-5 Treatment is responsible for providing appropriate and necessary
2-6 treatment and supervision through the case management system.
2-7 SECTION 3. Sections 841.022(a) and (c), Health and Safety
2-8 Code, are amended to read as follows:
2-9 (a) The executive director of the Texas Department of
2-10 Criminal Justice and the commissioner of the Texas Department of
2-11 Mental Health and Mental Retardation jointly shall establish a
2-12 multidisciplinary team to review available records of a person
2-13 referred to the team under Section 841.021. The team must include:
2-14 (1) one person [two persons] from the Texas Department
2-15 of Mental Health and Mental Retardation;
2-16 (2) three persons from the Texas Department of
2-17 Criminal Justice, one of whom must be from the victim services
2-18 office of that department;
2-19 (3) one person from the Texas Department of Public
2-20 Safety; and
2-21 (4) two persons [one person] from the council.
2-22 (c) Not later than the 60th [30th] day after the date the
2-23 multidisciplinary team receives notice under Section 841.021(a) or
2-24 (b), the team shall:
2-25 (1) determine whether the person is a repeat sexually
2-26 violent offender and whether the person is likely to commit a
2-27 sexually violent offense after release or discharge;
3-1 (2) give notice of that determination to the Texas
3-2 Department of Criminal Justice or the Texas Department of Mental
3-3 Health and Mental Retardation, as appropriate; and
3-4 (3) recommend the assessment of the person for a
3-5 behavioral abnormality, as appropriate.
3-6 SECTION 4. Section 841.023, Health and Safety Code, is
3-7 amended to read as follows:
3-8 Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY. (a)
3-9 Not later than the 60th [30th] day after the date of a
3-10 recommendation under Section 841.022(c), the Texas Department of
3-11 Criminal Justice or the Texas Department of Mental Health and
3-12 Mental Retardation, as appropriate, shall determine whether the
3-13 person suffers from a behavioral abnormality that makes the person
3-14 likely to engage in a predatory act of sexual violence. To aid in
3-15 the determination, the department required to make the
3-16 determination shall use an expert to examine the person. That
3-17 department may contract for the expert services required by this
3-18 subsection. The expert shall make a clinical assessment based on
3-19 testing for psychopathy, a clinical interview, and other
3-20 appropriate assessments and techniques to aid in the determination.
3-21 (b) If the Texas Department of Criminal Justice or the Texas
3-22 Department of Mental Health and Mental Retardation determines that
3-23 the person suffers from a behavioral abnormality, the department
3-24 making the determination shall give notice of that determination
3-25 and provide corresponding documentation to the attorney
3-26 representing the state not later than the 60th [30th] day after the
3-27 date of a recommendation under Section 841.022(c).
4-1 SECTION 5. Section 841.041(b), Health and Safety Code, is
4-2 amended to read as follows:
4-3 (b) A petition described by Subsection (a) must be filed
4-4 not later than the 90th [60th] day after the date the person is
4-5 referred to the attorney representing the state.
4-6 SECTION 6. Section 841.061, Health and Safety Code, is
4-7 amended by amending Subsections (a) and (d) and by adding
4-8 Subsection (f) to read as follows:
4-9 (a) Not later than the 180th [60th] day after the date a
4-10 petition is filed under Section 841.041, the judge shall conduct a
4-11 trial to determine whether the person is a sexually violent
4-12 predator.
4-13 (d) Additional rights of the person at the trial include the
4-14 following:
4-15 (1) the right to appear at the trial;
4-16 (2) except as provided by Subsection (f), the right to
4-17 present evidence on the person's behalf;
4-18 (3) the right to cross-examine a witness who testifies
4-19 against the person; and
4-20 (4) the right to view and copy all petitions and
4-21 reports in the court file.
4-22 (f) A person who is on trial to determine the person's
4-23 status as a sexually violent predator is required to submit to all
4-24 expert examinations that are required or permitted of the state to
4-25 prepare for the person's trial. A person who fails to submit to
4-26 expert examination on the state's behalf as required by this
4-27 subsection is subject to the following consequences:
5-1 (1) the person's failure to participate may be used as
5-2 evidence against the person at trial;
5-3 (2) the person may be prohibited from offering into
5-4 evidence the results of an expert examination performed on the
5-5 person's behalf; and
5-6 (3) the person may be subject to contempt proceedings
5-7 if the person violates a court order by failing to submit to an
5-8 expert examination on the state's behalf.
5-9 SECTION 7. Section 841.081, Health and Safety Code, is
5-10 amended to read as follows:
5-11 Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. If at a trial
5-12 conducted under Subchapter D the judge or jury determines that the
5-13 person is a sexually violent predator, the judge shall commit the
5-14 person for outpatient treatment and supervision to be coordinated
5-15 by the case manager. The outpatient treatment and supervision must
5-16 begin on the entry of an order of civil commitment by the judge
5-17 [person's release from a secure correctional facility or discharge
5-18 from a state hospital] and must continue until the person's
5-19 behavioral abnormality has changed to the extent that the person is
5-20 no longer likely to engage in a predatory act of sexual violence.
5-21 SECTION 8. Sections 841.082(a) and (c), Health and Safety
5-22 Code, are amended to read as follows:
5-23 (a) Before entering an order directing a person's outpatient
5-24 civil commitment, the judge shall impose on the person requirements
5-25 necessary to ensure the person's compliance with treatment and
5-26 supervision and to protect the community. The requirements shall
5-27 include:
6-1 (1) requiring the person to reside in a particular
6-2 location;
6-3 (2) prohibiting the person's contact with a victim or
6-4 potential victim of the person;
6-5 (3) prohibiting the person's use of alcohol or a
6-6 controlled substance;
6-7 (4) requiring the person's participation in a specific
6-8 course of treatment;
6-9 (5) requiring the person to submit to tracking under a
6-10 particular type of tracking service and to any other appropriate
6-11 supervision;
6-12 (6) prohibiting the person from changing the person's
6-13 residence without prior authorization from the judge and from
6-14 leaving the state without that prior authorization;
6-15 (7) if determined appropriate by the judge,
6-16 establishing a child safety zone in the same manner as a child
6-17 safety zone is established by a judge under Section 13B, Article
6-18 42.12, Code of Criminal Procedure, and requiring the person to
6-19 comply with requirements related to the safety zone;
6-20 (8) requiring the person to notify the case manager
6-21 immediately but in any event within 24 [48] hours of any change in
6-22 the person's status that affects proper treatment and supervision,
6-23 including a change in the person's physical health or job status
6-24 and including any incarceration of the person; and
6-25 (9) any other requirements determined necessary by the
6-26 judge.
6-27 (c) Immediately after the person's commitment, the judge
7-1 shall transfer jurisdiction of the case to a district court, other
7-2 than a family district court, having jurisdiction in the county in
7-3 which the person [defendant] is residing.
7-4 SECTION 9. Sections 841.083(b), (c), and (d), Health and
7-5 Safety Code, are amended to read as follows:
7-6 (b) The case manager shall provide supervision to the
7-7 person. The provision of supervision shall include a tracking
7-8 service [services] and, if required by court order, supervised
7-9 housing.
7-10 (c) The council shall enter into an interagency agreement
7-11 with the Texas Department of Public Safety for the provision of a
7-12 tracking service [services]. If the equipment necessary to
7-13 implement that service is available through a contract entered into
7-14 by [The Department of Public Safety shall contract with] the
7-15 General Services Commission, the Texas Department of Public Safety
7-16 shall acquire that equipment through that contract [for the
7-17 equipment necessary to implement those services].
7-18 (d) The council shall enter into an interagency agreement
7-19 with the Texas Department of Criminal Justice [contract] for any
7-20 necessary supervised housing. The council shall reimburse that
7-21 department for housing costs under this section. The committed
7-22 person may not be housed for any period of time in a mental health
7-23 facility, state school, or community center. In this subsection:
7-24 (1) "Community center" means a center established
7-25 under Subchapter A, Chapter 534.
7-26 (2) "Mental health facility" has the meaning assigned
7-27 by Section 571.003.
8-1 (3) "State school" has the meaning assigned by Section
8-2 531.002.
8-3 SECTION 10. Section 841.141(a), Health and Safety Code, is
8-4 amended to read as follows:
8-5 (a) The council by rule shall administer treatment and
8-6 supervision under this chapter. Rules adopted by the council under
8-7 this section must be:
8-8 (1) related to treatment and supervision under this
8-9 chapter; and
8-10 (2) consistent with the purposes of this chapter.
8-11 SECTION 11. Section 841.142(c), Health and Safety Code, is
8-12 amended to read as follows:
8-13 (c) On the written request of any attorney for another state
8-14 or for a political subdivision in another state, the Texas
8-15 Department of Criminal Justice, the council, a service provider
8-16 contracting with one of those agencies, the multidisciplinary team,
8-17 and the attorney representing the state shall release to the
8-18 attorney any available information relating to a person that is
8-19 sought in connection with an attempt to civilly commit the person
8-20 as a sexually violent predator in another state.
8-21 SECTION 12. Section 841.144(b), Health and Safety Code, is
8-22 amended to read as follows:
8-23 (b) If the person is indigent, the court shall appoint
8-24 counsel as appropriate under Section 841.005 [through the Office of
8-25 State Counsel for Offenders] to assist the person.
8-26 SECTION 13. Sections 841.146(b) and (c), Health and Safety
8-27 Code, are amended to read as follows:
9-1 (b) Except as otherwise provided by this subsection, a [A]
9-2 civil commitment proceeding is subject to the rules of procedure
9-3 and appeal for civil cases. To the extent of any conflict between
9-4 this chapter and the rules of procedure and appeal for civil cases,
9-5 this chapter controls.
9-6 (c) In an amount not to exceed $1,600, the State of Texas
9-7 [state] shall pay all [the] costs associated with [of] a civil
9-8 commitment proceeding conducted under Subchapter D. The State of
9-9 Texas [For any civil commitment proceeding conducted under this
9-10 chapter, the state] shall pay the reasonable costs of state or
9-11 appointed counsel or experts for any other civil commitment
9-12 proceeding conducted under this chapter and shall pay the
9-13 reasonable costs of the person's outpatient treatment and
9-14 supervision.
9-15 SECTION 14. Subchapter H, Chapter 841, Health and Safety
9-16 Code, is amended by adding Sections 841.1461, 841.1462, 841.1463,
9-17 and 841.150 to read as follows:
9-18 Sec. 841.1461. CERTAIN EXPERT TESTIMONY NOT REQUIRED FOR
9-19 CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATOR. A person who
9-20 suffers from a behavioral abnormality as determined under this
9-21 chapter is not because of that abnormality a person of unsound mind
9-22 for purposes of Section 15-a, Article I, Texas Constitution.
9-23 Sec. 841.1462. PRIVILEGE FOR PERSONAL INFORMATION THAT
9-24 IDENTIFIES VICTIM. Personal information, including a home address,
9-25 home telephone number, and social security account number, that
9-26 identifies the victim of a person subject to a civil commitment
9-27 proceeding under this chapter is privileged from discovery by that
10-1 person.
10-2 Sec. 841.1463. FAILURE TO GIVE NOTICE WITHIN RELEVANT PERIOD
10-3 NOT JURISDICTIONAL ERROR. The periods within which notice must be
10-4 given under this chapter are binding on all appropriate persons as
10-5 provided by this chapter, but a failure to give notice within the
10-6 relevant period is not a jurisdictional error.
10-7 Sec. 841.150. EFFECT OF CERTAIN SUBSEQUENT CONVICTIONS,
10-8 JUDGMENTS, OR VERDICTS ON ORDER OF CIVIL COMMITMENT. (a) Except as
10-9 provided by Subsection (b), the following convictions, judgments,
10-10 or verdicts do not affect an order of civil commitment under this
10-11 chapter:
10-12 (1) a conviction for a felony if a sentence is not
10-13 imposed;
10-14 (2) a conviction for a misdemeanor, regardless of
10-15 whether a sentence is imposed; and
10-16 (3) a judgment or verdict of not guilty by reason of
10-17 insanity for any offense absent a corresponding commitment to the
10-18 Texas Department of Mental Health and Mental Retardation.
10-19 (b) The statutory duties imposed by this chapter are
10-20 suspended for the duration of any confinement of a person who
10-21 receives a conviction described by Subsection (a)(2).
10-22 SECTION 15. Section 841.147, Health and Safety Code, is
10-23 amended to read as follows:
10-24 Sec. 841.147. IMMUNITY. The following persons are immune
10-25 from liability for good faith conduct under this chapter:
10-26 (1) an employee or officer of the Texas Department of
10-27 Criminal Justice, the Texas Department of Mental Health and Mental
11-1 Retardation, the Texas Department of Health, or the council;
11-2 (2) a member of the multidisciplinary team established
11-3 under Section 841.022;
11-4 (3) the attorney representing the state; and
11-5 (4) a person contracting, appointed, or volunteering
11-6 to perform a service under this chapter.
11-7 SECTION 16. The change in law made by this Act applies to
11-8 civil commitment proceedings initiated before, on, or after the
11-9 effective date of this Act.
11-10 SECTION 17. This Act takes effect September 1, 2001.