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Amend CSHB 2034 (Senate committee printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering the subsequent SECTIONS of the bill accordingly:
SECTION ___. Section 841.002, Health and Safety Code, is
amended by amending Subdivisions (1) and (5) and adding Subdivision
(3-a) to read as follows:
(1) "Attorney representing the state" means an
attorney employed by the civil division of the special [prison]
prosecution unit to initiate and pursue a civil commitment
proceeding under this chapter.
(3-a) "Civil commitment proceeding" means a trial or
hearing conducted under Subchapter D, F, or G.
(5) "Predatory act" means an act [that is committed
for the purpose of victimization and that is] directed toward
individuals, including family members,[:
[(A) a stranger;
[(B) a person of casual acquaintance with whom no
substantial relationship exists; or
[(C) a person with whom a relationship has been
established or promoted] for the primary purpose of victimization.
SECTION ___. Section 841.004, Health and Safety Code, is
amended to read as follows:
Sec. 841.004. SPECIAL [PRISON] PROSECUTION UNIT. The civil
[A special] division of the special [prison] prosecution unit,
separate from that part of the unit responsible for prosecuting
criminal cases, is responsible for initiating and pursuing a civil
commitment proceeding under this chapter.
SECTION ___. (a) Section 841.061, Health and Safety Code,
is amended by adding Subsection (g) to read as follows:
(g) A judge assigned to preside over a trial under this
subchapter is not subject to an objection under Section 74.053,
Government Code, other than an objection made under Section
74.053(d), Government Code.
(b) Notwithstanding any other provision of this Act, this
section takes effect immediately if this Act receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this section takes
effect September 1, 2007.
SECTION ___. Section 841.085, Health and Safety Code, is
amended to read as follows:
Sec. 841.085. CRIMINAL PENALTY; PROSECUTION OF OFFENSE.
(a) A person commits an offense if, after having been adjudicated
and civilly committed as a sexually violent predator under this
chapter, the person violates a civil commitment requirement imposed
under Section 841.082.
(b) An offense under this section is a felony of the third
degree.
(c) At the request of the local prosecuting attorney, an
attorney employed by the civil division of the special prosecution
unit described by Section 841.004 may assist in the trial of an
offense under this section.
SECTION ___. Section 841.147, Health and Safety Code, is
amended to read as follows:
Sec. 841.147. IMMUNITY. The following persons are immune
from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, the [Texas] Department of State Health Services
[Mental Health and Mental Retardation], the Department of Aging and
Disability Services [Texas Department of Health], or the council;
(2) a member of the multidisciplinary team established
under Section 841.022;
(3) an employee of the civil division of the special
[prison] prosecution unit charged with initiating and pursuing
civil commitment proceedings under this chapter; and
(4) a person providing, or contracting, appointed, or
volunteering to perform, a tracking service or another service
under this chapter.
SECTION ___. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.315 to read as follows:
Art. 13.315. FAILURE TO COMPLY WITH SEXUALLY VIOLENT
PREDATOR CIVIL COMMITMENT REQUIREMENT. An offense under Section
841.085, Health and Safety Code, may be prosecuted in the county in
which any element of the offense occurs or in Montgomery County.
SECTION ___. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act applies only to an
individual who on or after September 1, 2007, is serving a sentence
in the Texas Department of Criminal Justice or is committed to the
Department of State Health Services or the Department of Aging and
Disability Services for an offense committed before, on, or after
the effective date of this Act.
(b) The change in law made by this Act in adding Subsection
(g), Section 841.061, Health and Safety Code, applies to a petition
alleging predator status that is filed on or after the effective
date of this Act.