By: Shapiro S.B. No. 912
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. Subsections (a) and (b), Section 841.021, 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. Subsections (a) and (d), Section 841.082, 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 Bexar, Dallas, Harris,
Tarrant, or Travis County. The council shall provide the tracking
service under this subsection through 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 under other law, including a proceeding
initiated under Article 46.03 or Chapter 46B, Code of Criminal
Procedure. 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. Subsections (a) and (b), Section 841.145, 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 under other law,
including a proceeding initiated under Article 46.03 or Chapter
46B, Code of Criminal Procedure [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) Subsection (b), Section 841.082, 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.