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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil commitment of sexually violent predators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 841.002, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivision (3-a) to |
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read as follows: |
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(1) "Attorney representing the state" means an |
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attorney employed by a special division of the prison prosecution |
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unit to initiate and pursue a civil commitment proceeding under |
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this chapter. |
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(3-a) "Civil commitment proceeding" means a trial or |
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hearing conducted under Subchapter D, F, or G. |
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SECTION 2. Section 841.061, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) A judge assigned to preside over a trial under this |
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subchapter is not subject to an objection under Section 74.053, |
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Government Code, other than an objection made under Section |
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74.053(d), Government Code. |
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SECTION 3. Section 841.085, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.085. CRIMINAL PENALTY; PROSECUTION OF OFFENSE. |
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(a) A person commits an offense if, after having been adjudicated |
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and civilly committed as a sexually violent predator under this |
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chapter, the person violates a civil commitment requirement imposed |
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under Section 841.082. |
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(b) An offense under this section is a felony of the third |
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degree. |
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(c) At the request of the local prosecuting attorney, an |
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attorney employed by the special division of the prison prosecution |
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unit described by Section 841.004 may assist in the trial of an |
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offense under this section. |
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SECTION 4. Section 841.147, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.147. IMMUNITY. The following persons are immune |
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from liability for good faith conduct under this chapter: |
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(1) an employee or officer of the Texas Department of |
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Criminal Justice, the [Texas] Department of State Health Services |
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[Mental Health and Mental Retardation], the Department of Aging and |
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Disability Services [Texas Department of Health], or the council; |
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(2) a member of the multidisciplinary team established |
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under Section 841.022; |
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(3) an employee of the special division of the prison |
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prosecution unit charged with initiating and pursuing civil |
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commitment proceedings under this chapter; and |
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(4) a person providing, or contracting, appointed, or |
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volunteering to perform, a tracking service or another service |
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under this chapter. |
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SECTION 5. Chapter 13, Code of Criminal Procedure, is |
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amended by adding Article 13.315 to read as follows: |
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Art. 13.315. FAILURE TO COMPLY WITH SEXUALLY VIOLENT |
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PREDATOR CIVIL COMMITMENT REQUIREMENT. An offense under Section |
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841.085, Health and Safety Code, may be prosecuted in the county in |
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which any element of the offense occurs or in Montgomery County. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies only to an |
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individual who on or after September 1, 2007, is serving a sentence |
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in the Texas Department of Criminal Justice or is committed to the |
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Department of State Health Services or the Department of Aging and |
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Disability Services for an offense committed before, on, or after |
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the effective date of this Act. |
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(b) The change in law made by this Act in adding Section |
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841.061(g), Health and Safety Code, applies to a petition alleging |
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predator status that is filed on or after the effective date of this |
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Act. |
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SECTION 7. This Act takes effect September 1, 2007, except |
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that Section 2 of this Act takes effect immediately if this Act |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, Section 2 takes effect September 1, 2007. |