79R8037 KEL-D

By:  Allen of Dallas                                              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, 19.03, 20.03, 
or 20.04, 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.  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 4.  This Act takes effect September 1, 2005.