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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 Subdivisions (1) and (5) and adding Subdivision |
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(3-a) to read as follows: |
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(1) "Attorney representing the state" means an |
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attorney employed by the civil division of the special [prison] |
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prosecution unit to initiate and pursue a civil commitment |
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proceeding under 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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(5) "Predatory act" means an act [that is committed
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for the purpose of victimization and that is] directed toward |
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individuals, including family members, [:
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[(A) a stranger;
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[(B)
a person of casual acquaintance with whom no
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substantial relationship exists; or
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[(C)
a person with whom a relationship has been
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established or promoted] for the primary purpose of victimization. |
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SECTION 2. Section 841.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.004. SPECIAL [PRISON] PROSECUTION UNIT. The civil |
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[A special] division of the special [prison] prosecution unit, |
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separate from that part of the unit responsible for prosecuting |
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criminal cases, is responsible for initiating and pursuing a civil |
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commitment proceeding under this chapter. |
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SECTION 3. 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 4. 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 civil division of the special 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 5. 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 civil division of the special |
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[prison] prosecution unit charged with initiating and pursuing |
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civil 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 6. 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 7. (a) Except as provided by Subsection (b) of |
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this 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 Subsection |
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(g), Section 841.061, Health and Safety Code, applies to a petition |
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alleging predator status that is filed on or after the effective |
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date of this Act. |
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SECTION 8. This Act takes effect September 1, 2007, except |
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that Section 3 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 3 takes effect September 1, 2007. |
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* * * * * |