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79R6913 MXM-F
By: Allen of Dallas H.B. No. 2036
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of sex offender treatment providers and
the treatment of sex offenders; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Health and Safety Code, is amended by
adding Section 1.005 to read as follows:
Sec. 1.005. DEFINITION. In this code, "licensed
practitioner" includes a sex offender treatment provider who is:
(1) registered under Chapter 110, Occupations Code;
and
(2) certified in the use of penile plethysmography.
SECTION 2. Section 109.051(b), Occupations Code, is amended
to read as follows:
(b) Notwithstanding Subtitle B, Title 3, of this code or
Chapter 611, Health and Safety Code, a person described by
Subsection (a), on request or in the normal course of business,
shall release or transfer information concerning the treatment of a
sex offender to:
(1) another person described by Subsection (a);
(2) a criminal justice agency; or
(3) a local law enforcement authority.
SECTION 3. Sections 109.052 and 109.053, Occupations Code,
are amended to read as follows:
Sec. 109.052. RELEASE OR TRANSFER BY CRIMINAL JUSTICE
AGENCY. A criminal justice agency, on request or in the normal
course of official business, shall release or transfer information
concerning the treatment of a sex offender to:
(1) another criminal justice agency;
(2) a local law enforcement authority; or
(3) a person described by Section 109.051(a).
Sec. 109.053. RELEASE OR TRANSFER BY LOCAL LAW ENFORCEMENT
AUTHORITY. A local law enforcement authority, on request or in the
normal course of official business, shall release or transfer
information concerning the treatment of a sex offender to:
(1) another local law enforcement authority;
(2) a criminal justice agency; or
(3) a person described by Section 109.051(a).
SECTION 4. Subchapter B, Chapter 109, Occupations Code, is
amended by adding Section 109.054 to read as follows:
Sec. 109.054. TREATMENT INFORMATION. In this subchapter,
information concerning the treatment of a sex offender includes:
(1) criminal history;
(2) the discharge summary;
(3) the official offense report;
(4) progress reports;
(5) test results;
(6) victim statements; and
(7) any other additional information necessary for the
treatment of the sex offender.
SECTION 5. Section 110.301, Occupations Code, is amended to
read as follows:
Sec. 110.301. [USE OF TITLE;] REGISTRATION REQUIRED. (a)
A person may not provide a rehabilitation service or act as a sex
offender treatment provider unless the person is listed in the
registry.
(b) A person may not claim to be a sex offender treatment
provider, or use the title "sex offender treatment provider" or a
similar title or an abbreviation that implies the person is a sex
offender treatment provider, unless the person is listed in the
registry.
SECTION 6. Subchapter G, Chapter 110, Occupations Code, is
amended by adding Section 110.3015 to read as follows:
Sec. 110.3015. EXEMPTION FOR TEXAS DEPARTMENT OF CRIMINAL
JUSTICE INSTITUTIONAL DIVISION. This subchapter does not apply to
a person employed by the institutional division of the Texas
Department of Criminal Justice.
SECTION 7. The heading to Section 110.401, Occupations
Code, is amended to read as follows:
Sec. 110.401. OFFENSE[: MISUSE OF TITLE].
SECTION 8. Chapter 110, Occupations Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. ADULT FORENSIC ASSESSMENT PILOT PROGRAM
Sec. 110.501. APPLICABILITY. This subchapter applies only
to adult sex offenders who are treated in a municipality with a
population of 1,150,000 or more.
Sec. 110.502. DYNAMIC RISK ASSESSMENT. The council shall
work directly with the appropriate entities to develop, implement,
and research the dynamic risk assessment conducted under this
subchapter.
Sec. 110.503. PRESENTENCING ASSESSMENT. Before a sex
offender is sentenced, a sex offender treatment provider who is
listed in the registry must conduct a forensic assessment,
including a psychosexual assessment, on the sex offender.
Sec. 110.504. CONTENT OF PSYCHOSEXUAL ASSESSMENT. The
psychosexual assessment must include:
(1) a clinical interview;
(2) a review of the sex offender's records, including
the police report, victim's statement, arrest record, existing
psychological reports, grand jury indictment, and child welfare
reports and any other relevant records;
(3) a physiological assessment, including a penile
plethysmography, or an alternative method if medical or gender
issues prevent a physiological assessment;
(4) formal tests, including traditional tests and a
risk assessment;
(5) a psychopathy assessment; and
(6) a substance abuse analysis.
Sec. 110.505. SEXUAL HISTORY POLYGRAPH. Not later than the
first anniversary of the date a sex offender is sentenced, a
polygraph examiner shall conduct the following polygraph
examinations on the sex offender:
(1) a sexual history polygraph;
(2) an instant offense polygraph;
(3) a maintenance polygraph; and
(4) a monitoring polygraph.
Sec. 110.506. This subchapter expires September 1, 2007.
SECTION 9. (a) The change in law made by this Act to the
elements of an offense under Section 110.401, Occupations Code,
applies only to an offense committed on or after the effective date
of this Act.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
(c) For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date.
SECTION 10. This Act takes effect September 1, 2005.