1-1 By: Shapiro S.B. No. 1048
1-2 (In the Senate - Filed March 2, 2001; March 5, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 March 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1048 By: Staples
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the civil commitment of sexually violent predators.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivision (4), Section 841.002, Health and
1-13 Safety Code, is amended to read as follows:
1-14 (4) "Council" means the [Interagency] Council on Sex
1-15 Offender Treatment.
1-16 SECTION 2. Sections 841.005, 841.006, and 841.007, Health
1-17 and Safety Code, are amended to read as follows:
1-18 Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS.
1-19 (a) Except as provided by Subsection (b), the [The] Office of
1-20 State Counsel for Offenders shall represent an indigent [a] person
1-21 subject to a civil commitment proceeding under this chapter.
1-22 (b) If for any reason the Office of State Counsel for
1-23 Offenders is unable to represent an indigent person described by
1-24 Subsection (a) at a civil commitment proceeding under this chapter,
1-25 the court shall appoint other counsel to represent the indigent
1-26 person.
1-27 Sec. 841.006. APPLICATION OF CHAPTER. This chapter does
1-28 not:
1-29 (1) prohibit a person committed under this chapter
1-30 from filing at any time a petition for release under this chapter;
1-31 or
1-32 (2) create for the committed person a cause of action
1-33 against another person for failure to give notice within a period
1-34 required by Subchapter B, C, or D.
1-35 Sec. 841.007. DUTIES OF [INTERAGENCY] COUNCIL ON SEX
1-36 OFFENDER TREATMENT. The [Interagency] Council on Sex Offender
1-37 Treatment is responsible for providing appropriate and necessary
1-38 treatment and supervision through the case management system.
1-39 SECTION 3. Subsection (c), Section 841.021, Health and
1-40 Safety Code, is amended to read as follows:
1-41 (c) The Texas Department of Criminal Justice or the Texas
1-42 Department of Mental Health and Mental Retardation, as appropriate,
1-43 shall give the notice described by Subsection (a) or (b) not later
1-44 than the first day of the 14th [16th] month before the person's
1-45 anticipated release or discharge date, but under exigent
1-46 circumstances may give the notice at any time before the
1-47 anticipated release or discharge date. The notice must contain the
1-48 following information:
1-49 (1) the person's name, identifying factors,
1-50 anticipated residence after release or discharge, and criminal
1-51 history;
1-52 (2) documentation of the person's institutional
1-53 adjustment and actual treatment; and
1-54 (3) an assessment of the likelihood that the person
1-55 will commit a sexually violent offense after release or discharge.
1-56 SECTION 4. Subsections (a) and (c), Section 841.022, Health
1-57 and Safety Code, are amended to read as follows:
1-58 (a) The executive director of the Texas Department of
1-59 Criminal Justice and the commissioner of the Texas Department of
1-60 Mental Health and Mental Retardation jointly shall establish a
1-61 multidisciplinary team to review available records of a person
1-62 referred to the team under Section 841.021. The team must include:
1-63 (1) one person [two persons] from the Texas Department
1-64 of Mental Health and Mental Retardation;
2-1 (2) three persons from the Texas Department of
2-2 Criminal Justice, one of whom must be from the victim services
2-3 office of that department;
2-4 (3) one person from the Texas Department of Public
2-5 Safety; and
2-6 (4) two persons [one person] from the council.
2-7 (c) Not later than the 60th [30th] day after the date the
2-8 multidisciplinary team receives notice under Section 841.021(a) or
2-9 (b), the team shall:
2-10 (1) determine whether the person is a repeat sexually
2-11 violent offender and whether the person is likely to commit a
2-12 sexually violent offense after release or discharge;
2-13 (2) give notice of that determination to the Texas
2-14 Department of Criminal Justice or the Texas Department of Mental
2-15 Health and Mental Retardation, as appropriate; and
2-16 (3) recommend the assessment of the person for a
2-17 behavioral abnormality, as appropriate.
2-18 SECTION 5. Section 841.023, Health and Safety Code, is
2-19 amended to read as follows:
2-20 Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
2-21 (a) Not later than the 60th [30th] day after the date of a
2-22 recommendation under Section 841.022(c), the Texas Department of
2-23 Criminal Justice or the Texas Department of Mental Health and
2-24 Mental Retardation, as appropriate, shall determine whether the
2-25 person suffers from a behavioral abnormality that makes the person
2-26 likely to engage in a predatory act of sexual violence. To aid in
2-27 the determination, the department required to make the
2-28 determination shall use an expert to examine the person. That
2-29 department may contract for the expert services required by this
2-30 subsection. The expert shall make a clinical assessment based on
2-31 testing for psychopathy, a clinical interview, and other
2-32 appropriate assessments and techniques to aid in the determination.
2-33 (b) If the Texas Department of Criminal Justice or the Texas
2-34 Department of Mental Health and Mental Retardation determines that
2-35 the person suffers from a behavioral abnormality, the department
2-36 making the determination shall give notice of that determination
2-37 and provide corresponding documentation to the attorney
2-38 representing the state not later than the 60th [30th] day after the
2-39 date of a recommendation under Section 841.022(c).
2-40 SECTION 6. Subsection (b), Section 841.041, Health and
2-41 Safety Code, is amended to read as follows:
2-42 (b) A petition described by Subsection (a) must be filed
2-43 not later than the 90th [60th] day after the date the person is
2-44 referred to the attorney representing the state.
2-45 SECTION 7. Section 841.061, Health and Safety Code, is
2-46 amended by amending Subsections (a) and (d) and by adding
2-47 Subsection (f) to read as follows:
2-48 (a) Not later than the 180th [60th] day after the date a
2-49 petition is filed under Section 841.041, the judge shall conduct a
2-50 trial to determine whether the person is a sexually violent
2-51 predator.
2-52 (d) Additional rights of the person at the trial include the
2-53 following:
2-54 (1) the right to appear at the trial;
2-55 (2) except as provided by Subsection (f), the right to
2-56 present evidence on the person's behalf;
2-57 (3) the right to cross-examine a witness who testifies
2-58 against the person; and
2-59 (4) the right to view and copy all petitions and
2-60 reports in the court file.
2-61 (f) A person who is on trial to determine the person's
2-62 status as a sexually violent predator is required to submit to all
2-63 expert examinations that are required or permitted of the state to
2-64 prepare for the person's trial. A person who fails to submit to
2-65 expert examination on the state's behalf as required by this
2-66 subsection is subject to the following consequences:
2-67 (1) the person's failure to participate may be used as
2-68 evidence against the person at trial;
2-69 (2) the person may be prohibited from offering into
3-1 evidence the results of an expert examination performed on the
3-2 person's behalf; and
3-3 (3) the person may be subject to contempt proceedings
3-4 if the person violates a court order by failing to submit to an
3-5 expert examination on the state's behalf.
3-6 SECTION 8. Section 841.081, Health and Safety Code, is
3-7 amended to read as follows:
3-8 Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. If at a trial
3-9 conducted under Subchapter D the judge or jury determines that the
3-10 person is a sexually violent predator, the judge shall commit the
3-11 person for outpatient treatment and supervision to be coordinated
3-12 by the case manager. The outpatient treatment and supervision must
3-13 begin on the entry of an order of civil commitment by the judge
3-14 [person's release from a secure correctional facility or discharge
3-15 from a state hospital] and must continue until the person's
3-16 behavioral abnormality has changed to the extent that the person is
3-17 no longer likely to engage in a predatory act of sexual violence.
3-18 SECTION 9. Subsections (a) and (c), Section 841.082, Health
3-19 and Safety Code, are amended to read as follows:
3-20 (a) Before entering an order directing a person's outpatient
3-21 civil commitment, the judge shall impose on the person requirements
3-22 necessary to ensure the person's compliance with treatment and
3-23 supervision and to protect the community. The requirements shall
3-24 include:
3-25 (1) requiring the person to reside in a particular
3-26 location;
3-27 (2) prohibiting the person's contact with a victim or
3-28 potential victim of the person;
3-29 (3) prohibiting the person's use of alcohol or a
3-30 controlled substance;
3-31 (4) requiring the person's participation in a specific
3-32 course of treatment;
3-33 (5) requiring the person to submit to tracking under a
3-34 particular type of tracking service and to any other appropriate
3-35 supervision;
3-36 (6) prohibiting the person from changing the person's
3-37 residence without prior authorization from the judge and from
3-38 leaving the state without that prior authorization;
3-39 (7) if determined appropriate by the judge,
3-40 establishing a child safety zone in the same manner as a child
3-41 safety zone is established by a judge under Section 13B, Article
3-42 42.12, Code of Criminal Procedure, and requiring the person to
3-43 comply with requirements related to the safety zone;
3-44 (8) requiring the person to notify the case manager
3-45 immediately but in any event within 24 [48] hours of any change in
3-46 the person's status that affects proper treatment and supervision,
3-47 including a change in the person's physical health or job status
3-48 and including any incarceration of the person; and
3-49 (9) any other requirements determined necessary by the
3-50 judge.
3-51 (c) Immediately after the person's commitment, the judge
3-52 shall transfer jurisdiction of the case to a district court, other
3-53 than a family district court, having jurisdiction in the county in
3-54 which the person [defendant] is residing.
3-55 SECTION 10. Subsections (b), (c), and (d), Section 841.083,
3-56 Health and Safety Code, are amended to read as follows:
3-57 (b) The case manager shall provide supervision to the
3-58 person. The provision of supervision shall include a tracking
3-59 service [services] and, if required by court order, supervised
3-60 housing.
3-61 (c) The council shall enter into an interagency agreement
3-62 with the Texas Department of Public Safety for the provision of a
3-63 tracking service [services]. If the equipment necessary to
3-64 implement that service is available through a contract entered into
3-65 by [The Department of Public Safety shall contract with] the
3-66 General Services Commission, the Texas Department of Public Safety
3-67 shall acquire that equipment through that contract [for the
3-68 equipment necessary to implement those services].
3-69 (d) The council shall enter into an interagency agreement
4-1 with the Texas Department of Criminal Justice [contract] for any
4-2 necessary supervised housing. The council shall reimburse that
4-3 department for housing costs under this section. The committed
4-4 person may not be housed for any period of time in a mental health
4-5 facility, state school, or community center. In this subsection:
4-6 (1) "Community center" means a center established
4-7 under Subchapter A, Chapter 534.
4-8 (2) "Mental health facility" has the meaning assigned
4-9 by Section 571.003.
4-10 (3) "State school" has the meaning assigned by Section
4-11 531.002.
4-12 SECTION 11. Subsection (a), Section 841.141, Health and
4-13 Safety Code, is amended to read as follows:
4-14 (a) The council by rule shall administer treatment and
4-15 supervision under this chapter. Rules adopted by the council under
4-16 this section must be:
4-17 (1) related to treatment and supervision under this
4-18 chapter; and
4-19 (2) consistent with the purposes of this chapter.
4-20 SECTION 12. Subsection (c), Section 841.142, Health and
4-21 Safety Code, is amended to read as follows:
4-22 (c) On the written request of any attorney for another state
4-23 or for a political subdivision in another state, the Texas
4-24 Department of Criminal Justice, the council, a service provider
4-25 contracting with one of those agencies, the multidisciplinary team,
4-26 and the attorney representing the state shall release to the
4-27 attorney any available information relating to a person that is
4-28 sought in connection with an attempt to civilly commit the person
4-29 as a sexually violent predator in another state.
4-30 SECTION 13. Subsection (b), Section 841.144, Health and
4-31 Safety Code, is amended to read as follows:
4-32 (b) If the person is indigent, the court shall appoint
4-33 counsel as appropriate under Section 841.005 [through the Office of
4-34 State Counsel for Offenders] to assist the person.
4-35 SECTION 14. Subsections (b) and (c), Section 841.146, Health
4-36 and Safety Code, are amended to read as follows:
4-37 (b) Except as otherwise provided by this subsection, a [A]
4-38 civil commitment proceeding is subject to the rules of procedure
4-39 and appeal for civil cases. To the extent of any conflict between
4-40 this chapter and the rules of procedure and appeal for civil cases,
4-41 this chapter controls.
4-42 (c) In an amount not to exceed $1,600, the State of Texas
4-43 [state] shall pay all [the] costs associated with [of] a civil
4-44 commitment proceeding conducted under Subchapter D. The State of
4-45 Texas [For any civil commitment proceeding conducted under this
4-46 chapter, the state] shall pay the reasonable costs of state or
4-47 appointed counsel or experts for any other civil commitment
4-48 proceeding conducted under this chapter and shall pay the
4-49 reasonable costs of the person's outpatient treatment and
4-50 supervision.
4-51 SECTION 15. Subchapter H, Chapter 841, Health and Safety
4-52 Code, is amended by adding Sections 841.1461, 841.1462, 841.1463,
4-53 and 841.150 to read as follows:
4-54 Sec. 841.1461. CERTAIN EXPERT TESTIMONY NOT REQUIRED FOR
4-55 CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATOR. A person who
4-56 suffers from a behavioral abnormality as determined under this
4-57 chapter is not because of that abnormality a person of unsound mind
4-58 for purposes of Section 15-a, Article I, Texas Constitution.
4-59 Sec. 841.1462. PRIVILEGE FOR PERSONAL INFORMATION THAT
4-60 IDENTIFIES VICTIM. Personal information, including a home address,
4-61 home telephone number, and social security account number, that
4-62 identifies the victim of a person subject to a civil commitment
4-63 proceeding under this chapter is privileged from discovery by that
4-64 person.
4-65 Sec. 841.1463. FAILURE TO GIVE NOTICE WITHIN RELEVANT PERIOD
4-66 NOT JURISDICTIONAL ERROR. The periods within which notice must be
4-67 given under this chapter are binding on all appropriate persons as
4-68 provided by this chapter, but a failure to give notice within the
4-69 relevant period is not a jurisdictional error.
5-1 Sec. 841.150. EFFECT OF CERTAIN SUBSEQUENT CONVICTIONS,
5-2 JUDGMENTS, OR VERDICTS ON ORDER OF CIVIL COMMITMENT. (a) Except
5-3 as provided by Subsection (b), the following convictions,
5-4 judgments, or verdicts do not affect an order of civil commitment
5-5 under this chapter:
5-6 (1) a conviction for a felony if a sentence is not
5-7 imposed;
5-8 (2) a conviction for a misdemeanor, regardless of
5-9 whether a sentence is imposed; and
5-10 (3) a judgment or verdict of not guilty by reason of
5-11 insanity for any offense absent a corresponding commitment to the
5-12 Texas Department of Mental Health and Mental Retardation.
5-13 (b) The statutory duties imposed by this chapter are
5-14 suspended for the duration of any confinement of a person who
5-15 receives a conviction described by Subsection (a)(2).
5-16 SECTION 16. Section 841.147, Health and Safety Code, is
5-17 amended to read as follows:
5-18 Sec. 841.147. IMMUNITY. The following persons are immune
5-19 from liability for good faith conduct under this chapter:
5-20 (1) an employee or officer of the Texas Department of
5-21 Criminal Justice, the Texas Department of Mental Health and Mental
5-22 Retardation, the Texas Department of Health, or the council;
5-23 (2) a member of the multidisciplinary team established
5-24 under Section 841.022;
5-25 (3) the attorney representing the state; and
5-26 (4) a person contracting, appointed, or volunteering
5-27 to perform a service under this chapter.
5-28 SECTION 17. The change in law made by this Act applies to
5-29 civil commitment proceedings initiated before, on, or after the
5-30 effective date of this Act.
5-31 SECTION 18. This Act takes effect September 1, 2001.
5-32 * * * * *