80R8466 KEL-D

By: England H.B. No. 3306

A BILL TO BE ENTITLED

AN ACT

relating to the costs associated with the civil commitment of sexually violent predators and to the criminal consequences of violating a term of that commitment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 841.083(a), Health and Safety Code, is amended to read as follows:

(a) The council shall approve and contract for the provision of a treatment plan for the committed person to be developed by the treatment provider. A treatment plan may include the monitoring of the person with a polygraph or plethysmograph. The treatment provider may receive annual compensation in a reasonable [an] amount [not to exceed $6,000] for providing the required treatment.

SECTION 2. Section 841.085, Health and Safety Code, is amended to read as follows:

Sec. 841.085. CRIMINAL PENALTY. (a) A person commits an offense if the person violates a requirement imposed under Section 841.082.

(b) Notwithstanding Section 6.02(b), Penal Code, proof of a culpable mental state is not required for conviction of an offense under this section.

(c) An offense under this section is a felony of the third degree.

SECTION 3. The change in law made by this Act to Section 841.083(a), Health and Safety Code, applies only to compensation under a contract described by Section 841.083(a) that is entered into on or after the effective date of this Act.

SECTION 4. The change in law made by this Act to Section 841.085, Health and Safety Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 5. This Act takes effect September 1, 2007.