79(R) HB 1921 - House Committee Report version


                                                                                
79R13355 KEL-D


By:  Allen of Dallas, Zedler                                      H.B. No. 1921

Substitute the following for H.B. No. 1921:                                   

By:  Allen of Dallas                                          C.S.H.B. No. 1921



A BILL TO BE ENTITLED

AN ACT

relating to the civil commitment of sexually violent predators.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 841.002, Health and Safety Code, is 
amended by adding Subdivision (7-a) and amending Subdivision (8) to 
read as follows:
		(7-a)  "Sexually motivated conduct" means any conduct 
involving the intent to arouse or gratify the sexual desire of any 
person immediately before, during, or immediately after the 
commission of an offense.
		(8)  "Sexually violent offense" means:                                        
			(A)  an offense under Section 21.11(a)(1), 
22.011, or 22.021, Penal Code;  
			(B)  an offense under Section 20.04(a)(4), Penal 
Code, if the person [defendant] committed the offense with the 
intent to violate or abuse the victim sexually;
			(C)  an offense under Section 30.02, Penal Code, 
if the offense is punishable under Subsection (d) of that section 
and the person [defendant] committed the offense with the intent to 
commit an offense listed in Paragraph (A) or (B);
			(D)  an offense under Section 19.02 or 19.03, 
Penal Code, that, during the guilt or innocence phase or the 
punishment phase for the offense, during the adjudication or 
disposition of delinquent conduct constituting the offense, or 
subsequently during a civil commitment proceeding under Subchapter 
D, is determined beyond a reasonable doubt to have been based on 
sexually motivated conduct;
			(E) [(D)]  an attempt, conspiracy, or 
solicitation, as defined by Chapter 15, Penal Code, to commit an 
offense listed in Paragraph (A), (B), [or] (C), or (D);
			(F) [(E)]  an offense under prior state law that 
contains elements substantially similar to the elements of an 
offense listed in Paragraph (A), (B), (C), [or] (D), or (E); or
			(G) [(F)]  an offense under the law of another 
state, federal law, or the Uniform Code of Military Justice that 
contains elements substantially similar to the elements of an 
offense listed in Paragraph (A), (B), (C), [or] (D), or (E).
	SECTION 2.  Sections 841.021(a) and (b), Health and Safety 
Code, are amended to read as follows:
	(a)  Before the person's anticipated release date, the Texas 
Department of Criminal Justice shall give to the multidisciplinary 
team established under Section 841.022 written notice of the 
anticipated release of a person who:
		(1)  is serving a sentence for:                                        
			(A)  a sexually violent offense described by 
Section 841.002(8)(A), (B), or (C); or
			(B)  what is, or as described by this chapter what 
the department reasonably believes may be determined to be, a 
sexually violent offense described by Section 841.002(8)(D); and
		(2)  may be a repeat sexually violent offender.                               
	(b)  Before the person's anticipated discharge date, the 
Texas Department of Mental Health and Mental Retardation shall give 
to the multidisciplinary team established under Section 841.022 
written notice of the anticipated discharge of a person who:
		(1)  is committed to the department after having been 
adjudged not guilty by reason of insanity of:
			(A)  a sexually violent offense described by 
Section 841.002(8)(A), (B), or (C); or
			(B)  what is, or as described by this chapter what 
the department reasonably believes may be determined to be, a 
sexually violent offense described by Section 841.002(8)(D); and
		(2)  may be a repeat sexually violent offender.                               
	SECTION 3.  Sections 841.082(a) and (d), Health and Safety 
Code, are amended to read as follows:
	(a)  Before entering an order directing a person's 
outpatient civil commitment, the judge shall impose on the person 
requirements necessary to ensure the person's compliance with 
treatment and supervision and to protect the community.  The 
requirements shall include:
		(1)  requiring the person to reside in a Texas 
residential facility under contract with the council or at another
[particular] location or facility approved by the council;
		(2)  prohibiting the person's contact with a victim or 
potential victim of the person;
		(3)  prohibiting the person's possession or use of 
alcohol, inhalants, or a controlled substance;
		(4)  requiring the person's participation in and 
compliance with a specific course of treatment;
		(5)  requiring the person to:                                                 
			(A)  submit to tracking under a particular type of 
tracking service and to any other appropriate supervision; and
			(B)  refrain from tampering with, altering, 
modifying, obstructing, or manipulating the tracking equipment;
		(6)  prohibiting the person from changing the person's 
residence without prior authorization from the judge and from 
leaving the state without that prior authorization;
		(7)  if determined appropriate by the judge, 
establishing a child safety zone in the same manner as a child 
safety zone is established by a judge under Section 13B, Article 
42.12, Code of Criminal Procedure, and requiring the person to 
comply with requirements related to the safety zone;
		(8)  requiring the person to notify the case manager 
immediately but in any event within 24 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; and
		(9)  any other requirements determined necessary by the 
judge.              
	(d)  The court [Immediately after the case becomes final for 
purposes of appeal, the judge shall transfer jurisdiction of the 
case to a district court, other than a family district court, having 
jurisdiction in the county in which the person is residing, except 
that the judge] retains jurisdiction of the case with respect to a 
civil commitment proceeding conducted under Subchapters F and G.
	SECTION 4.  Section 841.083, Health and Safety Code, is 
amended by amending Subsections (c) and (d) and adding Subsections 
(c-1) and (c-2) to read as follows:
	(c)  The council shall enter into appropriate memoranda of 
understanding [an interagency agreement] with the Texas Department 
of Public Safety for the provision of a tracking service and for 
assistance in the preparation of criminal complaints, warrants, and 
related documents and in the apprehension and arrest of a person.
	(c-1)  Notwithstanding Subsection (c) or any other provision 
of this subchapter, the council shall provide through the case 
management system any supervision or tracking service required 
under this chapter for persons residing in Dallas, Harris, or 
Tarrant County.  The council shall provide the tracking service 
under this subsection through two employees of the Department of 
State Health Services.  Any tracking personnel used by the 
department for purposes of this chapter must be approved by the 
council.
	(c-2)  If the equipment necessary to implement the tracking 
[that] service is available through a contract entered into by the 
Texas Building and Procurement Commission, the Department of Public 
Safety or the council, as appropriate, shall acquire that equipment 
through that contract.
	(d)  The council shall enter into appropriate memoranda of 
understanding [an interagency agreement with the Texas Department 
of Criminal Justice] for any necessary supervised housing.  The 
council shall reimburse the applicable provider [that department] 
for housing costs under this section.  The committed person may not 
be housed for any period of time in a mental health facility, state 
school, or community center, unless the placement results from a 
commitment of the person to that facility, school, or center by 
governmental action.  In this subsection:
		(1)  "Community center" means a center established 
under Subchapter A, Chapter 534.
		(2)  "Mental health facility" has the meaning assigned 
by Section 571.003.  
		(3)  "State school" has the meaning assigned by Section 
531.002.            
	SECTION 5.  Sections 841.145(a) and (b), Health and Safety 
Code, are amended to read as follows:
	(a)  At the person's own expense, a [A] person who is 
examined under this chapter may retain an expert to perform an 
examination or participate in a civil commitment proceeding on the 
person's behalf, including a biennial examination or other civil 
commitment proceeding to assess the person's status as a sexually 
violent predator.
	(b)  On the request of an indigent person examined under this 
chapter, the judge shall determine whether expert services for the 
person are necessary.  If the judge determines that the services are 
necessary, the judge shall appoint an expert to perform an 
examination or participate in a civil commitment proceeding on the 
person's behalf and shall approve compensation for the expert as 
appropriate under Subsection (c).
	SECTION 6.  Section 841.150, Health and Safety Code, is 
amended to read as follows:
	Sec. 841.150.  EFFECT OF [CERTAIN] SUBSEQUENT COMMITMENT OR 
CONFINEMENT [CONVICTIONS, JUDGMENTS, OR VERDICTS] ON ORDER OF CIVIL 
COMMITMENT.  (a)  [Except as provided by Subsection (b), the 
following convictions, judgments, or verdicts do not affect an 
order of civil commitment under this chapter:
		[(1)  a conviction for a felony if a sentence is not 
imposed;
		[(2)  a conviction for a misdemeanor, regardless of 
whether a sentence is imposed; and
		[(3)  a judgment or verdict of not guilty by reason of 
insanity for any offense absent a corresponding commitment to the 
Texas Department of Mental Health and Mental Retardation.
	[(b)]  The [statutory] duties imposed by this chapter are 
suspended for the duration of any confinement of a person, or any 
commitment of a person to a community center, mental health 
facility, or state school, by governmental action [who receives a 
conviction described by Subsection (a)(2)].
	(b)  In this section:                                                   
		(1)  "Community center" means a center established 
under Subchapter A, Chapter 534.
		(2)  "Mental health facility" has the meaning assigned 
by Section 571.003.
		(3)  "State school" has the meaning assigned by Section 
531.002.     
	SECTION 7.  The following provisions are repealed:                             
		(1)  Section 841.082(b), Health and Safety Code; and                          
		(2)  Section 841.084, Health and Safety Code.                                 
	SECTION 8.  The change in law made by this Act applies only 
to an individual who on or after September 1, 2005, is serving a 
sentence in the Texas Department of Criminal Justice or is 
committed to the Texas Department of Mental Health and Mental 
Retardation for an offense committed before, on, or after the 
effective date of this Act.
	SECTION 9.  This Act takes effect September 1, 2005.