S.B. 1093 78(R)    BILL ANALYSIS


S.B. 1093
By: Shapiro
Corrections
Committee Report (Unamended)


BACKGROUND AND PURPOSE 

The 76th Texas Legislature passed the Civil Commitment Act, which provides
for the outpatient 
civil commitment of sexually violent predators. During the implementation
of this Act, some 
minimal changes were identified. As proposed, S.B. 1093 adds the changes
to the Civil 
Commitment Act.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends Section 841.002(4), Health and Safety Code, to redefine
"council." 

SECTION 2. Amends Sections 841.005, 841.006, 841.007, Health and Safety
Code, as follows: 

 (a) Requires the Office of State Counsel for Offenders to represent an
indigent person 
 subject to a civil commitment proceeding under this chapter, except as
provided by 
 Subsection (b). Makes nonsubstantive changes.

 (b) Requires the court, if for any reason the Office of State Counsel for
Offenders is 
 unable to represent an indigent person described by Subsection (a) at a
civil commitment 
 proceeding under this chapter, to appoint other counsel to represent the
indigent person. 

 Sec. 841.006. Specifies that failure to give notice under Subchapters C
or D does not 
 create a cause for action.

 Sec. 841.007. New heading: DUTIES OF COUNCIL ON SEX OFFENDER
 TREATMENT. Provides that Council on Sex Offender Treatment (council) is
 responsible for providing appropriate and necessary treatment and
supervision through 
 the case management system.

SECTION 3. Amends 841.022, Health and Safety Code, as follows:

 (a) Sets forth the composition of the multidisciplinary team.
 
 (b) Authorizes the multidisciplinary team to request the assistance of
other persons in 
 making an assessment, rather than determination, under this section.
 
 (c) Requires the team, not later than the 60th day, rather than not later
than the 30th day, 
 after the team receives notice under Section 841.021(a) or (b) to take
certain actions. 
 Makes conforming changes.

SECTION 4. Amends Section 841.023, Health and Safety Code, as follows:

 (a) Makes conforming changes.

 (b) Requires the Texas Department of Criminal Justice (TDCJ) or the Texas
Department 
  of Mental Health and Mental Retadartion (MHMR), if as a result of the
assessment, 
 TDCJ or MHMR believes, rather than determines, that the person suffers
from a 
 behavioral abnormality, to give notice of that assessment, rather than
determination, and 
 provide corresponding documentation to the attorney representing the
state by the 60th 
 day, rather than the 30th day, after the date of a recommendation under
Section 
 841.022(c).

SECTION 5. Amends Section 841.041(b), Health and Safety Code to require
that a petition 
described by Subsection (a) be filed not later than the 90th day, rather
than not later than the 60th 
day, after the person is referred to the attorney representing the state
and served on the person as 
soon as practicable after the date the petition is filed.

SECTION 6. Amends Section 841.061, Health and Safety Code, by amending
Subsections (a), 
(c), and (d) and adding Subsection (f), as follows:

 (a) Requires the judge, not later than the 270th day, rather than not
later than the 60th 
 day, after the petition is served on the person under Section 841.041, to
conduct a trial to 
 determine whether the person is a sexually violent predator.

 (c) Requires all components of the examination to be completed not later
than the 90th 
 day before the date the trial begins. Makes a nonsubstantive change.

 (d) Makes a conforming change.

 (f) Provides that a person who is on trial to determine the person's
status as a sexually 
 violent predator is required to submit to all expert examinations that
are required or 
 permitted of the state to prepare for the person's trial. Provides that a
person who fails to 
 submit to expert examination on the state's behalf as required by this
subsection is subject 
 to certain consequences.

SECTION 7. Amends Section 841.063, Health and Safety Code, to authorize
the judge, if the 
person is not substantially prejudiced by the continuance, to continue a
trial or hearing conducted 
under this chapter, rather than Section 841.061.

SECTION 8. Amends Section 841.081, Health and Safety Code, as follows:

 (a) Provides that the commitment order is effective immediately on entry
of the order, 
 except that the outpatient treatment and supervision begins on the
person's release from a 
 secure correctional facility or discharge from a state hospital and
continues until the 
 person's behavioral abnormality has changed to the extent that the person
is no longer 
 likely to engage in a predatory act of sexual violence. Makes
nonsubstantive changes. 
 
 (b) Authorizes the case manager, at any time after the entry of a
commitment order under 
 Subsection (a), to provide to the person instruction regarding the
requirements associated 
 with the order, regardless of whether the person is incarcerated at the
time of the 
 instruction.

SECTION 9. Amends Section 841.082, Health and Safety Code, as follows:

 (a) Requires that the judge impose certain requirements, including
prohibiting the person 
 from changing the person's residence without prior authorization from the
judge and from 
 leaving the state without that prior authorization and requiring the
person to notify the 
 case manager immediately but in any event within 24 hours, rather than 48
hours, of any 
 change in the person's status that affects proper treatment and
supervision, including a 
 change in the person's physical health or job status and including any
incarceration of the 
 person, in order to ensure the person's compliance with treatment and
supervision and to 
 protect the community.

 (b) Authorizes the judge to request assistance from the council in
determining an 
  appropriate residence for the person.

 (c) Creates subsection from existing text.

 (d) Requires the judge, immediately after the case becomes final for
purposes of appeal, 
 to transfer jurisdiction of the case to a district court, other than a
family district court, 
 having jurisdiction in the county in which the person, rather than
defendant, is residing, 
 except that the judge retains jurisdiction of the case with respect to a
civil commitment 
 preceding conducted under Subchapters F and G. Redesignates Subsection
(c) as 
 Subsection (d).
 
 (e) Authorizes the requirements imposed under Subsection (a) to be
modified at any time 
 after notice to each affected party to the proceedings and a hearing.

SECTION 10. Amends Sections 841.083(b), (c), and (d), Health and Safety
Code, as follows: 

 (b) Makes nonsubstantives changes.
 
 (c) Requires the Texas Department of Public Safety, if the equipment
necessary to 
 implement that service is available through a contract entered into by
the Texas Building 
 and Procurement Commission (TBPC), to acquire that equipment through that
contract. 
 Makes conforming and nonsubstantive changes.

 (d) Requires the council to enter into an interagency agreement with
TDCJ, rather than 
 contract for any necessary housing. Requires the council to reimburse
TDCJ for housing 
 costs under this section.

SECTION 11. Amends Section 841.084, Health and Safety Code, as follows:

 Sec. 841.084. New heading: STATUS REPORTS. Requires a treatment provider
or 
 tracking service personnel, rather than a supervision provider, other
than the case 
 manager, to submit, monthly or more frequently if required by the case
manager, a report 
 to the case manager stating whether the person is complying with
treatment or tracking, 
 rather than supervision, requirements, as applicable.

SECTION 12. Amends Section 841.141(a), Health and Safety Code, to require
the council by 
rule to administer treatment and supervision under this chapter. Requires
the rules adopted by 
the council under this section to be related to treatment and supervision
under this chapter and 
related to the treatment and supervision under this chapter.

SECTION 13. Amends Sections 841.142(a), (c), and (d), Health and Safety
Code, as follows: 

 (a) Provides that to protect the public and to enable an assessment or
determination 
 relating to whether a person is a sexually violent predator, any entity
that possesses 
 relevant information relating to the person shall release the information
to an entity 
 charged with making an assessment or determination under this chapter.
 
 (b) Makes a nonsubstantive change.
 
 (c) Makes a conforming change.
 
 (d) Makes a conforming change.

SECTION 14. Amends Section 841.144, Health and Safety Code, as follows:

 (a) Provides that immediately after the filing of a petition under
Section 841.041, rather 
 than at all stages of the civil commitment proceedings under this
chapter, a person subject 
 to a civil commitment proceeding under this chapter is entitled to the
assistance of 
 counsel at all stages of the proceeding.
 
 (b) Requires the court, if the person is indigent, to appoint counsel as
appropriate under 
 Section 841.005, rather than through the Office of State Counsel for
Offenders to assist 
 the person.

SECTION 15. Amends Sections 841.146(b) and (c), Health and Safety Code, as
follows: 

 (b) Establishes that except as otherwise provided by this subsection, a
civil commitment 
 proceeding is subject to the rules of procedure and appeal for civil
cases. Provides that to 
 the extent of any conflict between this chapter and the rules of
procedure and appeal for 
 civil cases, this chapter controls.

 (c) Requires the State of Texas to pay all costs associated with civil
commitment 
 proceeding conducted under Subchapter D, in an amount not to exceeding
$1,600. 
 Requires the State of Texas to pay the reasonable costs of state or
appointed counsel or 
 experts for any other civil commitment proceeding conducted under this
chapter and to 
 pay the reasonable costs of the person's outpatient treatment and
supervision. Deletes text 
 requiring the state to pay for any civil commitment proceeding conducted
under this 
 chapter.

SECTION 16. Amends Subchapter H, Chapter 841, Health and Safety Code, by
adding Sections 
841.1461-841.1463, and 841.150, as follows:

Sec. 841.1461. CERTAIN EXPERT TESTIMONY NOT REQUIRED FOR CIVIL
COMMITMENT OF SEXUALLY VIOLENT PREDATOR. Provides that a person who
suffers from a behavioral abnormality as determined under this chapter is
not because of 
that abnormality a person of unsound mind for purposes of Section 15-a,
Article I, Texas 
Constitution.

Sec. 841.1462. PRIVILEGE FOR PERSONAL INFORMATION THAT IDENTIFIES
VICTIM. Provides that personal information, including a home address, home
telephone 
number, and social security account number, that identifies the victim of
a person subject 
to a civil commitment proceeding under this chapter is privileged from
discovery by that 
person.

Sec. 841.1463. FAILURE TO GIVE NOTICE WITHIN RELEVANT PERIOD NOT
JURISDICTIONAL ERROR. Establishes that the periods within which notice
must be 
given under this chapter are binding on all appropriate persons as
provided by this 
chapter, but failure to give notice within the relevant period is not a
jurisdictional error. 

Sec. 841.150. EFFECT OF CERTAIN SUBSEQUENT CONVICTIONS,
JUDGMENTS, OR VERDICTS ON ORDER OF CIVIL COMMITMENT. (a) Provides
that certain convictions, judgments, or verdicts do not affect an order of
civil commitment 
under this chapter, except as provided by Subsection (b).

 (b) Provides that the statutory duties imposed by this chapter are
suspended for 
the duration of any confinement of a person who receives a conviction
described 
by Subsection (a)(2).

SECTION 17. Amends Section 841.147, Health and Safety Code, to provide
that certain persons 
are immune from liability for good faith conduct under this chapter.

SECTION 18. Provides that the change in law made by this Act applies to
civil commitment 
proceedings initiated before, on, or after the effective date of this Act.

SECTION 19. Effective date: September 1, 2003.

EFFECTIVE DATE

September 1, 2003