SRC- TAG S.B. 1093 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1093
78R936 KEL-DBy: Shapiro
Criminal Justice
5/5/2003
As Filed


DIGEST 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION 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.