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A BILL TO BE ENTITLED
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AN ACT
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relating to the notification of a potential predator for civil |
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commitment |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 841, Health and Safety Code, is amended |
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as follows: |
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Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. |
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(a) Before the person's anticipated release date, the Texas |
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Department of Criminal Justice shall give to the multidisciplinary |
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team established under Section 841.022 written notice of the |
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anticipated release of a person who: |
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(1) is serving a sentence for: |
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(A) a sexually violent offense described by |
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Section 841.002(8)(A), (B), or (C); or |
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(B) what is, or as described by this chapter what |
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the department reasonably believes may be determined to be, a |
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sexually violent offense described by Section 841.002(8)(D); and |
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(2) may be a repeat sexually violent offender. |
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(b) Before the person's anticipated discharge date, the |
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Department of State Health Services shall give to the |
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multidisciplinary team established under Section 841.022 written |
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notice of the anticipated discharge of a person who: |
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(1) is committed to the department after having been |
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adjudged not guilty by reason of insanity of: |
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(A) a sexually violent offense described by |
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Section 841.002(8)(A), (B), or (C); or |
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(B) what is, or as described by this chapter what |
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the department reasonably believes may be determined to be, a |
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sexually violent offense described by Section 841.002(8)(D); and |
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(2) may be a repeat sexually violent offender. |
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(c) The Texas Department of Criminal Justice or the |
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Department of State Health Services, as appropriate, shall give the |
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notice described by Subsection (a) or (b) not later than the first |
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day of the 16th month before the person's anticipated [release or] |
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date of discharge[date] from control of the Texas Department of |
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Criminal Justice or the Department of State Health Services, but |
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under exigent circumstances may give the notice at any time before |
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the anticipated [release or] date of discharge [date]. The notice |
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must contain the following information: |
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(1) the person's name, identifying factors, |
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anticipated residence after release or discharge, and criminal |
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history; |
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(2) documentation of the person's institutional |
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adjustment and actual treatment; and |
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(3) an assessment of the likelihood that the person |
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will commit a sexually violent offense after release or discharge. |
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SECTION 2. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is covered |
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by the law in effect at the time the conduct occurred, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, conduct occurs before the effective date |
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of this Act if any element of the conduct occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |