81R4558 KCR-D

By: Shapiro S.B. No. 2035

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of certain criminal sexual offenses and the registration and civil commitment of certain sex offenders in this state; providing a penalty.

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

ARTICLE 1. PROSECUTION OF AND REGISTRATION REQUIREMENTS FOR

CERTAIN CRIMINAL SEXUAL OFFENSES

SECTION 1.001. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.0149 to read as follows:

Art. 42.0149. FINDING OF INTENT TO COMMIT CERTAIN SEXUAL OFFENSES. In the trial of an offense under Section 20.02, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if the judge determines that the defendant committed the offense with the intent to commit an offense the conviction of which subjects the defendant to registration under Chapter 62.

SECTION 1.002. Section 5, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (k) to read as follows:

(k) A judge who places on community supervision under this section a defendant charged with an offense under Section 20.02, Penal Code, shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers of the case if the judge determines that the defendant committed the offense with the intent to commit an offense the conviction of which subjects the defendant to registration under Chapter 62.

SECTION 1.003. Section 11, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (j) to read as follows:

(j) If the court grants community supervision to a defendant who is convicted of or receives a grant of deferred adjudication for an offense under Section 33.021, Penal Code, or who is assigned a numeric risk level of three based on an assessment conducted under Article 62.007, the court as a condition of community supervision shall prohibit the defendant from using the Internet to:

(1) access pornographic material;

(2) access a commercial social networking site, as defined by Article 62.0061(e); or

(3) communicate with one or more individuals for the purpose of promoting sexual relations with an individual who is younger than 18 years of age.

SECTION 1.004. Article 62.001, Code of Criminal Procedure, is amended by amending Subdivisions (5), (6), and (10) and adding Subdivisions (11) and (12) to read as follows:

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.02 (Continuous sexual abuse of young child or children), 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02 (Burglary), Penal Code, if [the offense or conduct is punishable under Subsection (d) of that section and] the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.0149 or 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that:

(a) the victim or intended victim was younger than 17 years of age; or

(b) the defendant or respondent committed the offense or engaged in the conduct with the intent to commit an offense or engage in conduct the conviction or adjudication of which requires registration under this chapter;

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication or the functional equivalent of a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), or (E);

(H) a violation of the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, the laws of] a foreign country[,] or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), or (J), including a [but not if the] violation that results in a deferred adjudication or the functional equivalent of a deferred adjudication;

(I) the second violation of the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, the laws of] a foreign country[,] or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication or the functional equivalent of a deferred adjudication; or

(J) a violation of Section 33.021 (Online solicitation of a minor), Penal Code.

(6) "Sexually violent offense" means any of the following offenses committed by a person 17 years of age or older:

(A) an offense under Section 21.02 (Continuous sexual abuse of young child or children), 21.11(a)(1) (Indecency with a child), 22.011 (Sexual assault), or 22.021 (Aggravated sexual assault), Penal Code;

(B) an offense under Section 43.25 (Sexual performance by a child), Penal Code;

(C) an offense under Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) an offense under Section 30.02 (Burglary), Penal Code, if [the offense is punishable under Subsection (d) of that section and] the defendant committed the offense with intent to commit a felony listed in Paragraph (A) or (C) of Subdivision (5); or

(E) an offense under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, the laws of] a foreign country[,] or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), or (D).

(10) "Extrajurisdictional registrant" means a person who:

(A) is required to register as a sex offender under:

(i) the laws of another state, a federally recognized Indian tribe, or a territory of the United States with which the department has entered into a reciprocal registration agreement;

(ii) federal law or the Uniform Code of Military Justice; or

(iii) the laws of a foreign country; and

(B) is not otherwise required to register under this chapter because:

(i) the person does not have a reportable conviction for an offense under the laws of the other state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, the laws of] the foreign country[,] or the Uniform Code of Military Justice containing elements that are substantially similar to the elements of an offense requiring registration under this chapter; or

(ii) the person does not have a reportable adjudication of delinquent conduct based on a violation of an offense under the laws of the other state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, or the laws of] the foreign country containing elements that are substantially similar to the elements of an offense requiring registration under this chapter.

(11) "Internet communication identifier" means an electronic mail address or other designation used for self-identification or routing in Internet communication or posting. The term includes a screen name.

(12) "Screen name" means any combination of letters, numbers, punctuation marks, or special characters chosen by or for an individual by which the individual is known when communicating with another individual through the use of the Internet or electronic mail. The term includes an alias, an assumed name, a nickname, and a pseudonym. The term does not include an individual's social security number, date of birth, or personal identification number, unless that information is voluntarily included by the individual in the combination of letters, numbers, punctuation marks, or special characters.

SECTION 1.005. Articles 62.003(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) For the purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or [federal law, the laws of] a foreign country[,] or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense under the laws of this state.

(b) The department annually shall provide or make available to each prosecuting attorney's office in this state:

(1) the criteria used in making a determination under Subsection (a); and

(2) any existing record or compilation of offenses under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, and [federal law, the laws of] a foreign country[,] and the Uniform Code of Military Justice that the department has already determined to contain elements that are substantially similar to the elements of offenses under the laws of this state.

SECTION 1.006. Article 62.005, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (j) to read as follows:

(b) The information contained in the database, including the numeric risk level assigned to a person under this chapter, is public information, with the exception of any information:

(1) regarding the person's social security number or [,] driver's license number, or any home, work, or cellular telephone number of the person;

(2) that is described [required] by [the department under] Article 62.051(c)(7) or required by the department under Article 62.051(c)(8); or

(3) that would identify the victim of the offense for which the person is subject to registration.

(j) The department shall release all relevant information described by Subsection (a) to the attorney general on the attorney general's written request providing the department with a person's name, driver's license number, personal identification certificate number, license plate number, or Internet communication identifier.

SECTION 1.007. Subchapter A, Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.0061 to read as follows:

Art. 62.0061. REQUEST FOR INTERNET COMMUNICATION IDENTIFIERS BY SOCIAL NETWORKING SITES AND INTERNET SERVICE PROVIDERS. (a) A commercial social networking site or Internet service provider providing service in this state shall request from the department, in the manner and form prescribed by the department by rule, all Internet communication identifiers belonging to a person listed in the computerized central database.

(b) On receipt of a request submitted under Subsection (a) containing a person's name, driver's license number, personal identification certificate number, or Internet communication identifier, the department shall:

(1) confirm whether the person is required to register under this chapter; and

(2) provide the networking site or service provider with all Internet communication identifiers listed for the person in the computerized central database.

(c) A commercial social networking site or Internet service provider:

(1) may use information received under Subsection (b) only to:

(A) prescreen persons seeking to use the site or service; or

(B) preclude persons registered under this chapter from using the site or service; and

(2) may not release or disclose any information received under Subsection (b) that the networking site or service provider obtained solely under Subsection (b).

(d) A commercial social networking site or Internet service provider that receives information under Subsection (b) promptly shall notify the department, the attorney general, and appropriate local law enforcement authorities of any possible criminal activity engaged in by a person with respect to whom information is provided to the networking site or the service provider under Subsection (b). The department, attorney general, and authorities shall establish a uniform procedure for exchanging information regarding any notification provided by a networking site or service provider under this subsection.

(e) In this section, "commercial social networking site" means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program.

(f) A commercial social networking site or Internet service provider that fails to request information under Subsection (a), uses information received under Subsection (b) in a manner other than a manner described by Subsection (c)(1), or releases or discloses information in violation of Subsection (c)(2) commits a Class A misdemeanor.

SECTION 1.008. Article 62.051(c), Code of Criminal Procedure, is amended to read as follows:

(c) The registration form shall require:

(1) the person's full name, [each alias,] date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, shoe size, and home address, any home, work, or cellular telephone number of the person, and each alias, assumed name, nickname, or pseudonym used by the person;

(2) a recent color photograph or, if possible, an electronic digital image of the person and a complete set of the person's fingerprints;

(3) the type of offense the person was convicted of, the age of the victim, the date of conviction, and the punishment received;

(4) an indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision;

(5) an indication of each license, as defined by Article 62.005(g), that is held or sought by the person;

(6) an indication as to whether the person is or will be employed, carrying on a vocation, or a student at a particular public or private institution of higher education in this state or another state, and the name and address of that institution; [and]

(7) the identification of any screen name, electronic mail address, instant messaging address, or other Internet communication identifier established or used by the person; and

(8) any other information required by the department.

SECTION 1.009. Article 62.052(b), Code of Criminal Procedure, is amended to read as follows:

(b) The duty to register for an extrajurisdictional registrant expires on the date the person's duty to register would expire under, as applicable:

(1) the laws of the other state or the federally recognized Indian tribe, territory of the United States, or foreign country had the person remained in the applicable jurisdiction; or

(2) [that state or foreign country, under] federal law[,] or [under] the Uniform Code of Military Justice[, as applicable].

SECTION 1.010. Article 62.053(f), Code of Criminal Procedure, is amended to read as follows:

(f) The local law enforcement authority shall include in the notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district any information the authority determines is necessary to protect the public, except:

(1) the person's social security number or [,] driver's license number, or any home, work, or cellular telephone number of the person; and

(2) any information that would identify the victim of the offense for which the person is subject to registration.

SECTION 1.011. Article 62.054, Code of Criminal Procedure, is amended to read as follows:

Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law enforcement authority shall provide notice to the superintendent and each administrator under Article 62.053(e) or 62.055(f) only if:

(1) the victim was at the time of the offense a child younger than 17 years of age or a student enrolled in a public or private secondary school;

(2) the person subject to registration is a student enrolled in a public or private secondary school; or

(3) the basis on which the person is subject to registration is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Section 43.25 or 43.26, Penal Code, or an offense under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or a foreign country [federal law,] or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense under either of those sections.

(b) A local law enforcement authority may not provide notice to the superintendent or any administrator under Article 62.053(e) or 62.055(f) if the basis on which the person is subject to registration is a conviction, a deferred adjudication, or an adjudication of delinquent conduct for an offense under Section 25.02, Penal Code, or an offense under the laws of another state, a federally recognized Indian tribe, a territory of the United States, the United States, or a foreign country [federal law,] or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense under that section.

SECTION 1.012. Article 62.055(g), Code of Criminal Procedure, is amended to read as follows:

(g) The local law enforcement authority shall include in the notice to the superintendent of the public school district and the administrator of any private primary or secondary school located in the public school district any information the authority determines is necessary to protect the public, except:

(1) the person's social security number or [,] driver's license number, or any home, work, or cellular telephone number of the person; and

(2) any information that would identify the victim of the offense for which the person is subject to registration.

SECTION 1.013. Articles 62.057(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) If the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising a person subject to registration under this chapter receives notice [information] to the effect that the accuracy or completeness of any information contained in the person's registration form has changed or that the person's status has changed in any manner that affects proper supervision of the person, including a change in the person's name, physical health, job or educational status, including higher educational status, incarceration, or terms of release, the supervising officer shall promptly notify the appropriate local law enforcement authority or authorities of that change. If the person required to register intends to change address, the supervising officer shall notify the local law enforcement authorities designated by Article 62.055(b). Not later than the seventh day after the date the supervising officer receives the relevant information, the supervising officer shall notify the local law enforcement authority of any change in the person's job or educational status in which the person:

(1) becomes employed, begins to carry on a vocation, or becomes a student at a particular public or private institution of higher education; or

(2) terminates the person's status in that capacity.

(b) Not later than the seventh day after the date of the change, a person subject to registration under this chapter shall report to the local law enforcement authority designated as the person's primary registration authority by the department any change in:

(1) the accuracy or completeness of any information contained in the person's registration form; or

(2) the person's name, physical health, or job or educational status, including higher educational status.

SECTION 1.014. Article 62.301, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (c-1) to read as follows:

(a) If eligible under Subsection (b), [or] (c), or (c-1), a person required to register under this chapter may petition the court having jurisdiction over the case for an order exempting the person from registration under this chapter at any time after the person's sentencing or after the person is placed on deferred adjudication community supervision.

(c-1)(1) This subsection applies to a person who is:

(A) required to register under this chapter only as a result of a single reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense under a law described by Article 62.001(5)(H) and containing elements that are substantially similar to the elements of an offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code; and

(B) not required to register as a sex offender under the law described by Article 62.001(5)(H) or is required to register as a sex offender under that law but is eligible under that law to petition a court for an order exempting the person from registration and has not been denied the exemption.

(2) A person to whom this subsection applies is eligible, in the manner described by Subsection (a), to petition a district court of the county in which the person's primary registration authority is located. The court may consider the petition only if the petition states and the court finds that the person would have been entitled to the entry of an affirmative finding under Article 42.017 or Section 5(g), Article 42.12, as appropriate, had the conviction or placement on deferred adjudication community supervision occurred under the laws of this state on or after September 1, 2001.

SECTION 1.015. Article 62.402, Code of Criminal Procedure, is amended to read as follows:

Art. 62.402. DETERMINATION OF MINIMUM REQUIRED REGISTRATION PERIOD. (a) The department [council] by rule shall determine the minimum required registration period under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section 16901 et seq.) [14071 (Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program)] for each reportable conviction or adjudication under this chapter, if this state is to receive the maximum amount of federal money available to a state as described by that law.

(b) After determining the minimum required registration period for each reportable conviction or adjudication under Subsection (a), the department [council] shall compile and publish a list of reportable convictions or adjudications for which a person must register under this chapter for a period that exceeds the minimum required registration period under federal law.

(c) To the extent possible, the department [council] shall periodically verify with the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking [Bureau of Justice Assistance] or another appropriate federal agency the accuracy of the list of reportable convictions or adjudications described by Subsection (b).

SECTION 1.016. Section 54.04, Family Code, is amended by adding Subsection (y) to read as follows:

(y) A judge who orders a disposition under this section for delinquent conduct based on a violation of Section 20.02, Penal Code, shall make an affirmative finding of fact and enter the affirmative finding in the order if the judge determines that the respondent engaged in the conduct with the intent to engage in conduct the adjudication of which subjects the respondent to registration under Chapter 62.

SECTION 1.017. Subchapter F, Chapter 508, Government Code, is amended by adding Section 508.1861 to read as follows:

Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX OFFENDERS. If the parole panel releases on parole or to mandatory supervision a person who is serving a sentence for an offense under Section 33.021, Penal Code, or who is assigned a numeric risk level of three based on an assessment conducted under Article 62.007, Code of Criminal Procedure, the parole panel as a condition of parole or mandatory supervision shall prohibit the release from using the Internet to:

(1) access pornographic material;

(2) access a commercial social networking site, as defined by Article 62.0061(e), Code of Criminal Procedure; or

(3) communicate with one or more individuals for the purpose of promoting sexual relations with an individual who is younger than 18 years of age.

SECTION 1.018. Article 42.0149, Code of Criminal Procedure, Section 5(k), Article 42.12, Code of Criminal Procedure, and Section 54.04(y), Family Code, as added by this Act, apply only to a judgment of conviction entered on or after the effective date of this Act, a grant of deferred adjudication made on or after the effective date of this Act, or a disposition of delinquent conduct made on or after the effective date of this Act.

SECTION 1.019. The changes in law made by this Act in adding Section 11(j), Article 42.12, Code of Criminal Procedure, and Section 508.1861, Government Code, apply only to a person who is placed on community supervision or released on parole or to mandatory supervision on or after the effective date of this Act.

SECTION 1.020. (a) The change in law made by this Act in amending Chapter 62, Code of Criminal Procedure, applies to any person who, on or after the effective date of this Act, is subject to registration under that chapter regardless of whether the offense or conduct for which the person is subject to registration was committed or engaged in before, on, or after the effective date of this Act.

(b) The Texas Department of Public Safety is not required to implement, and a person is not required to comply with Article 62.0061, Code of Criminal Procedure, as added by this Act, before January 1, 2010.

ARTICLE 2. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS

SECTION 2.001. Subtitle B, Title 4, Government Code, is amended by adding Chapter 420A to read as follows:

CHAPTER 420A. OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT

Sec. 420A.001. DEFINITIONS. In this chapter:

(1) "Board" means the governing board of the Office of Violent Sex Offender Management.

(2) "Office" means the Office of Violent Sex Offender Management.

Sec. 420A.002. OFFICE; GOVERNING BOARD. (a) The Office of Violent Sex Offender Management is a state agency.

(b) The office is governed by a board composed of the following three members appointed by the governor:

(1) one member experienced in the management of sex offenders;

(2) one member experienced in the investigation or prosecution of sex offenses; and

(3) one member experienced in counseling or advocating on behalf of victims of sexual assault.

(c) Members of the board serve staggered two-year terms. Two members' terms expire February 1 of each even-numbered year and one member's term expires February 1 of each odd-numbered year.

(d) A member of the board is entitled to travel expenses incurred in performing official duties and to a per diem equal to the maximum amount allowed on January 1 of that year for federal employees per diem for federal income tax purposes, subject to the same limitations provided for members of state boards and commissions in the General Appropriations Act.

Sec. 420A.003. PRESIDING OFFICER; MEETINGS. (a) The governor shall designate a member of the board as presiding officer. The presiding officer serves at the discretion of the governor.

(b) The board shall meet at least once each month and at other times at the call of the presiding officer.

Sec. 420A.004. SUNSET PROVISION. The Office of Violent Sex Offender Management is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2021.

Sec. 420A.005. STAFF. The office may select and employ a general counsel, staff attorneys, and other staff necessary to perform the office's functions.

Sec. 420A.006. SALARY CAREER LADDER FOR CASE MANAGERS. (a) The board shall adopt a salary career ladder for case managers. The salary career ladder must base a case manager's salary on the manager's classification and years of service with the office.

(b) For purposes of the salary schedule, the office shall classify all case manager positions as Case Manager I, Case Manager II, Case Manager III, Case Manager IV, or Case Manager V.

(c) Under the salary career ladder adopted under Subsection (a), a case manager to whom the schedule applies and who received an overall evaluation of at least satisfactory in the case manager's most recent annual evaluation is entitled to an annual salary increase, during each of the case manager's first 10 years of service in a designated case manager classification as described by Subsection (b), equal to one-tenth of the difference between:

(1) the case manager's current annual salary; and

(2) the minimum annual salary of a case manager in the next highest classification.

Sec. 420A.007. POWERS AND DUTIES. The office shall perform appropriate functions related to the sex offender civil commitment program provided under Chapter 841, Health and Safety Code, including functions related to the provision of treatment and supervision to civilly committed sex offenders.

SECTION 2.002. Sections 841.002(3) and (4), Health and Safety Code, are amended to read as follows:

(3) "Case manager" means a person employed by or under contract with the office [council] to perform duties related to outpatient treatment and supervision of a person committed under this chapter.

(4) "Office" ["Council"] means the Office of Violent Sex Offender Management [Council on Sex Offender Treatment].

SECTION 2.003. Section 841.003(b), Health and Safety Code, is amended to read as follows:

(b) A person is a repeat sexually violent offender for the purposes of this chapter:

(1) if the person:

(A) is convicted of more than one sexually violent offense and a sentence is imposed for at least one of the offenses;

(B) is adjudicated to have more than once engaged in delinquent conduct constituting any of the following sexually violent offenses, if the person is committed to the Texas Youth Commission for at least one instance of that conduct, or is adjudicated more than once to have engaged in delinquent conduct constituting any of the following sexually violent offenses, if based on the most recent adjudication the person is committed to the Texas Youth Commission:

(i) an offense under Section 22.011 or 22.021, Penal Code;

(ii) an offense under Section 20.04(a)(4), Penal Code, that is described by Section 841.002(8)(B);

(iii) an offense under Section 19.02 or 19.03, Penal Code, that is described by Section 841.002(8)(D);

(iv) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense listed in Subparagraph (i), (ii), or (iii);

(v) an offense under prior state law that contains elements substantially similar to the elements of an offense listed in Subparagraph (i), (ii), (iii), or (iv); or

(vi) 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 Subparagraph (i), (ii), (iii), or (iv); or

(C) for a person who is not otherwise described by Paragraph (B), is adjudicated to have three or more times engaged in delinquent conduct constituting any sexually violent offense, if the person is committed to the Texas Youth Commission for at least one instance of that conduct, or is adjudicated more than once to have engaged in delinquent conduct constituting any sexually violent offense if the conduct is composed of three or more instances of a sexually violent offense and if based on the most recent adjudication the person is committed to the Texas Youth Commission; or

(2) if:

(A) [(1)] the person:

(i) [(A)] is convicted of a sexually violent offense, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from community supervision;

(ii) [(B)] enters a plea of guilty or nolo contendere for a sexually violent offense in return for a grant of deferred adjudication;

(iii) [(C)] is adjudged not guilty by reason of insanity of a sexually violent offense; or

(iv) [(D)] is adjudicated by a juvenile court in this state, or by a juvenile court in another jurisdiction under a law described by Section 841.002(8)(G), as having engaged in delinquent conduct constituting a sexually violent offense and is committed, as applicable, to the Texas Youth Commission under Section 54.04(d)(3) or (m), Family Code, or a functionally equivalent secure juvenile correctional facility in another jurisdiction in a manner that is functionally equivalent to a commitment under Section 54.04(d)(3) or (m), Family Code; and

(B) [(2)] after the date on which under Paragraph (A) [Subdivision (1)] the person is convicted, receives a grant of deferred adjudication, is adjudged not guilty by reason of insanity, or is adjudicated by a juvenile court as having engaged in delinquent conduct, the person commits or engages in delinquent conduct constituting a sexually violent offense for which the person:

(i) [(A)] is convicted, but only if the sentence for the offense is imposed;

(ii) receives a determinate sentence under Section 54.04(d)(3) or (m), Family Code, and is transferred to the Texas Department of Criminal Justice; or

(iii) [(B)] is adjudged not guilty by reason of insanity.

SECTION 2.004. Section 841.007, Health and Safety Code, is amended to read as follows:

Sec. 841.007. DUTIES OF OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT [COUNCIL ON SEX OFFENDER TREATMENT]. The Office of Violent Sex Offender Management [Council on Sex Offender Treatment] is responsible for providing appropriate and necessary treatment and supervision through the case management system.

SECTION 2.005. Section 841.022(a), Health and Safety Code, is amended to read as follows:

(a) The executive director of the Texas Department of Criminal Justice and the commissioner of the [Texas] Department of State Health Services [Mental Health and Mental Retardation] jointly shall establish a multidisciplinary team to review available records of a person referred to the team under Section 841.021. The team must include:

(1) two persons from the [Texas] Department of State Health Services [Mental Health and Mental Retardation];

(2) two persons from the Texas Department of Criminal Justice, one of whom must be from the victim services office of that department;

(3) one person from the Texas Department of Public Safety; and

(4) two persons from the office [council] or office [council] personnel.

SECTION 2.006. Section 841.062, Health and Safety Code, is amended by adding Subsection (c) to read as follows:

(c) A determination that a person is a sexually violent predator must be supported by the testimony of two experts if the person is a repeat sexually violent offender described by Section 841.003(b)(1)(B) or (C).

SECTION 2.007. Sections 841.082(a) and (c), 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 office [council] or at another location or facility approved by the office [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.

(c) The judge shall provide a copy of the requirements imposed under Subsection (a) to the person and to the office [council]. The office [council] shall provide a copy of those requirements to the case manager and to the service providers.

SECTION 2.008. Section 841.083, Health and Safety Code, is amended to read as follows:

Sec. 841.083. TREATMENT; SUPERVISION. (a) The office [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 an amount not to exceed $6,000 for providing the required treatment.

(b) The case manager shall provide supervision to the person. The provision of supervision shall include a tracking service and, if required by court order, supervised housing.

(c) The office [council] shall enter into appropriate memoranda of understanding 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 office [council] shall provide through the case management system any supervision or tracking service required under this chapter for persons residing in Dallas, Harris, or Tarrant County. The office [council] shall provide the tracking service under this subsection through two employees of the Department of State Health Services. Any tracking personnel used by the department for purposes of this chapter must be approved by the office [council].

(c-2) If the equipment necessary to implement the tracking service is available through a contract entered into by the comptroller, the Department of Public Safety or the office [council], as appropriate, shall acquire that equipment through that contract.

(d) The office [council] shall enter into appropriate memoranda of understanding for any necessary supervised housing. The office [council] shall reimburse the applicable provider 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. 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.

(e) The case manager shall:

(1) coordinate the outpatient treatment and supervision required by this chapter, including performing a periodic assessment of the success of that treatment and supervision;

(2) make timely recommendations to the judge on whether to allow the committed person to change residence or to leave the state and on any other appropriate matters; and

(3) provide a report to the office [council], semiannually or more frequently as necessary, which must include:

(A) any known change in the person's status that affects proper treatment and supervision; and

(B) any recommendations made to the judge.

SECTION 2.009. Section 841.084, Health and Safety Code, is amended to read as follows:

Sec. 841.084. COST OF TRACKING SERVICE. Notwithstanding Section 841.146(c), a civilly committed person who is not indigent is responsible for the cost of the tracking service required by Section 841.082 and monthly shall pay to the office [council] the amount that the office [council] determines will be necessary to defray the cost of operating the service with respect to the person during the subsequent month. The office [council] immediately shall transfer the money to the appropriate service provider.

SECTION 2.010. Section 841.101, Health and Safety Code, is amended to read as follows:

Sec. 841.101. BIENNIAL EXAMINATION. (a) A person committed under Section 841.081 shall receive a biennial examination. The office [council] shall contract for an expert to perform the examination.

(b) In preparation for a judicial review conducted under Section 841.102, the case manager shall provide a report of the biennial examination to the judge. The report must include consideration of whether to modify a requirement imposed on the person under this chapter and whether to release the person from all requirements imposed on the person under this chapter. The case manager shall provide a copy of the report to the office [council].

SECTION 2.011. Section 841.141, Health and Safety Code, is amended to read as follows:

Sec. 841.141. RULEMAKING AUTHORITY. (a) The office [council] by rule shall administer this chapter. Rules adopted by the office [council] under this section must be consistent with the purposes of this chapter.

(b) The office [council] by rule shall develop standards of care and case management for persons committed under this chapter.

SECTION 2.012. Sections 841.142(c) and (d), Health and Safety Code, are amended to read as follows:

(c) On the written request of any attorney for another state or for a political subdivision in another state, the Texas Department of Criminal Justice, the office [council], a service provider contracting with one of those agencies, the multidisciplinary team, and the attorney representing the state shall release to the attorney any available information relating to a person that is sought in connection with an attempt to civilly commit the person as a sexually violent predator in another state.

(d) To protect the public and to enable an assessment or determination relating to whether a person is a sexually violent predator or to enable the provision of supervision and treatment to a person who is a sexually violent predator, the Texas Department of Criminal Justice, the office [council], a service provider contracting with one of those agencies, the multidisciplinary team, and the attorney representing the state may exchange any available information relating to the person.

SECTION 2.013. 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 Department of State Health Services, the Department of Aging and Disability Services, or the office [council];

(2) a member of the multidisciplinary team established under Section 841.022;

(3) an employee of the civil division of the special 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 2.014. Subchapter H, Chapter 841, Health and Safety Code, is amended by adding Section 841.151 to read as follows:

Sec. 841.151. NOTICE OF RELEASE OF SEXUALLY VIOLENT PREDATOR. (a) In this section:

(1) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code.

(2) "Secure correctional facility" and "secure detention facility" have the meanings assigned by Section 51.02, Family Code.

(b) This section applies to a person who has been civilly committed under this chapter and who is detained or confined in a correctional facility, secure correctional facility, or secure detention facility as a result of violating:

(1) a civil commitment requirement imposed under Section 841.082; or

(2) a law of this state.

(c) Not later than the day preceding the date a correctional facility, secure correctional facility, or secure detention facility releases a person who, at the time of the person's detention or confinement, was civilly committed under this chapter as a sexually violent predator, the facility shall notify the person's case manager in writing of the anticipated date and time of the person's release.

(d) A case manager, on request, shall provide a correctional facility, a secure correctional facility, or a secure detention facility with the case manager's appropriate contact information for notification under Subsection (c).

SECTION 2.015. The functions of the Council on Sex Offender Treatment that relate to the sex offender civil commitment program are transferred to the Office of Violent Sex Offender Management.

SECTION 2.016. As soon as possible after the effective date of this Act, the governor shall appoint three members to the Office of Violent Sex Offender Management.

SECTION 2.017. (a) The Office of Violent Sex Offender Management and the Council on Sex Offender Treatment shall coordinate the transfer of functions relating to the sex offender civil commitment program as required by this Act.

(b) The transfer of all functions relating to the sex offender civil commitment program to the Office of Violent Sex Offender Management shall be accomplished as soon as possible but not later than the 45th day after the date that the last member of the Office of Violent Sex Offender Management qualifies for office.

(c) The transfer required by this Act includes the transfer of all assets, duties, powers, obligations, and liabilities, including contracts, leases, real or personal property, funds, employees, furniture, computers and other equipment, and files and related materials used by the Council on Sex Offender Treatment in performing the functions relating to the sex offender civil commitment program that are transferred by this Act.

(d) A form, rule, or procedure adopted by the Health and Human Services Commission or the Department of State Health Services in relation to the Council on Sex Offender Treatment that is in effect on the effective date of this Act remains in effect on and after that date as if adopted by the Office of Violent Sex Offender Management until amended, repealed, withdrawn, or otherwise superseded by that office.

(e) All unexpended appropriations for functions relating to the sex offender civil commitment program that are made for use by the Council on Sex Offender Treatment are transferred to the Office of Violent Sex Offender Management.

(f) The Office of Violent Sex Offender Management shall publish in the Texas Register the date on which the transfer of functions under this Act is accomplished.

SECTION 2.018. After the effective date of this Act, the Council on Sex Offender Treatment shall continue to perform applicable functions until the transfer of functions required by this Act is completed, and the laws providing for those functions are continued in effect for that purpose.

ARTICLE 3. EFFECTIVE DATE

SECTION 3.001. This Act takes effect September 1, 2009.