87R18263 EAS-F
 
  By: Murr H.B. No. 3432
 
  Substitute the following for H.B. No. 3432:
 
  By:  Rodriguez C.S.H.B. No. 3432
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the civil commitment of sexually violent predators.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 62.055, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (j) to
  read as follows:
         (a)  If a person, other than a person described by Subsection
  (j), required to register under this chapter intends to change
  address, regardless of whether the person intends to move to
  another state, the person shall, not later than the seventh day
  before the intended change, report in person to the local law
  enforcement authority designated as the person's primary
  registration authority by the department and to the juvenile
  probation officer, community supervision and corrections
  department officer, or parole officer supervising the person and
  provide the authority and the officer with the person's anticipated
  move date and new address. If a person, other than a person
  described by Subsection (j), required to register changes address,
  the person shall, not later than the later of the seventh day after
  changing the address or the first date the applicable local law
  enforcement authority by policy allows the person to report, report
  in person to the local law enforcement authority in the
  municipality or county in which the person's new residence is
  located and provide the authority with proof of identity and proof
  of residence.
         (j)  The Texas Civil Commitment Office shall report a change
  in address to each local law enforcement authority serving as the
  current or proposed primary registration authority for a person
  required to register under this chapter who is:
               (1)  civilly committed as a sexually violent predator
  under Chapter 841, Health and Safety Code; and
               (2)  required to reside in a location other than a civil
  commitment center by:
                     (A)  a court under Chapter 574, Health and Safety
  Code; or 
                     (B)  the Texas Civil Commitment Office.
         SECTION 2.  Section 841.041, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.041.  PETITION ALLEGING PREDATOR STATUS. (a) If a
  person is referred to the attorney representing the state under
  Section 841.023, the attorney may file[, in the court of conviction
  for the person's most recent sexually violent offense,] a petition
  alleging that the person is a sexually violent predator and stating
  facts sufficient to support the allegation.
         (b)  A petition described by Subsection (a) must be:
               (1)  filed in a district court in the county of the
  person's most recent conviction for a sexually violent offense; 
               (2)  filed not later than the 90th day after the date
  the person is referred to the attorney representing the state; and
               (3) [(2)]  served on the person as soon as practicable
  after the date the petition is filed.
         (c)  To the extent feasible, in filing the petition in a
  district court described by Subsection (b)(1), the attorney
  representing the state shall give preference to filing the petition
  in the applicable court of conviction.
         SECTION 3.  Section 841.061, Health and Safety Code, is
  amended by amending Subsections (a), (c), (d), and (f) and adding
  Subsection (h) to read as follows:
         (a)  The judge shall commence [conduct] a trial to determine
  whether the person is a sexually violent predator:
               (1)  except as provided by Section 841.063, not later
  than the 270th day after the date a petition is served on the person
  under Section 841.041; and
               (2)  not later than the person's sentence discharge
  date unless the judge determines that a delay is necessary in the
  due administration of justice.
         (c)  The person and the state are each entitled to an
  immediate clinical interview [examination] of the person by an
  expert. All components of the clinical interview [examination] must
  be completed not later than the 90th day before the date the trial
  begins.
         (d)  Additional rights of the person at the trial include the
  following:
               (1)  the right to appear at the trial;
               (2)  the right to waive the right to appear at the trial
  and appear through the person's attorney;
               (3)  except as provided by Subsection (f), the right to
  present evidence on the person's behalf;
               (4) [(3)]  the right to cross-examine a witness who
  testifies against the person; and
               (5) [(4)]  the right to view and copy all petitions and
  reports in the court file.
         (f)  A person who is on trial to determine the person's
  status as a sexually violent predator is required to submit to all
  expert clinical interviews [examinations] that are required or
  permitted of the state to prepare for the person's trial. A person
  who fails to submit to a clinical interview [expert examination] on
  the state's behalf as required by this subsection is subject to the
  following consequences:
               (1)  the person's failure to participate may be used as
  evidence against the person at trial;
               (2)  the person may be prohibited from offering into
  evidence the results of a clinical interview [an expert
  examination] performed on the person's behalf; and
               (3)  the person may be subject to contempt proceedings
  if the person violates a court order by failing to submit to a
  clinical interview [an expert examination] on the state's behalf.
         (h)  Notwithstanding any other provision in this subchapter,
  the person may appear at the trial through the use of remote
  technology, including teleconference and videoconference
  technology. 
         SECTION 4.  Section 841.062, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.062.  DETERMINATION OF PREDATOR STATUS. (a) The
  judge or jury shall determine whether, beyond a reasonable doubt,
  the person is a sexually violent predator. Either the state or the
  person is entitled to appeal the determination and to a retrial if
  an appellate court remands the case to the trial court for a new
  trial.
         (b)  A jury determination in a civil commitment proceeding 
  [that the person is a sexually violent predator] must be by
  unanimous verdict. If one or two of the 12 jurors have been
  discharged and there are no alternate jurors to be seated, the
  remaining jurors may render a verdict. If fewer than 12 jurors
  render a verdict, the verdict must be signed by each juror rendering
  the verdict.
         SECTION 5.  Section 841.063(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The judge may not continue a trial conducted under this
  chapter to a date occurring later than the person's sentence
  discharge date unless the judge determines that a continuance is
  necessary in the due administration of justice.
         SECTION 6.  Section 841.064, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.064.  RETRIAL [MISTRIAL]. (a) A trial following a
  mistrial must commence [begin] not later than the 90th day after the
  date a mistrial was declared in the previous trial, unless the later
  trial is continued as provided by Section 841.063.
         (b)  If an appellate court remands the case to the trial
  court for a new trial, the judge shall commence the retrial not
  later than the 90th day after the date the appellate court remanded
  the case. The retrial may be continued as provided by Section
  841.063.
         SECTION 7.  Sections 841.0834(b) and (d), Health and Safety
  Code, are amended to read as follows:
         (b)  Without the office's approval, a committed person may
  file a petition with the court for transfer to less restrictive
  housing and supervision. The court shall grant the transfer if the
  court determines that the transfer is in the best interests of the
  person and conditions can be imposed that adequately protect the
  community. A committed person who files a petition under this
  subsection shall serve a copy of the petition on the office.
         (d)  Not later than the 90th day after the date a [A]
  committed person is returned to a more restrictive setting under
  Subsection (c), the committing court shall hold a hearing via
  videoconference to [is entitled to file a petition with the court
  seeking] review [of] the office's determination. The court shall
  order the office to transfer the person to less restrictive housing
  and supervision only if the court determines by clear and
  convincing evidence that the office's determination was not made in
  accordance with Subsection (c). The committed person may waive the
  right to a hearing under this subsection.
         SECTION 8.  Section 841.0837, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.0837.  EMERGENCY DETENTION ORDER. The [(a) In this
  section, "peace officer" has the meaning assigned by Article 2.12,
  Code of Criminal Procedure.
         [(b)  For the purpose of returning a committed person to a
  more restrictive setting following a transfer to less restrictive
  housing and supervision under Section 841.0834 or a release under
  Section 841.0836, the] office may issue an emergency detention
  order for a committed [the] person's immediate apprehension and
  transportation to an office-designated [a] location for the purpose
  of:
               (1)  returning the person to a more restrictive setting
  following:
                     (A)  a transfer to less restrictive housing and
  supervision under Section 841.0834; or
                     (B)  a release under Section 841.0836; or
               (2)  for a recently committed person who is not in the
  custody of the Texas Department of Criminal Justice at the time the
  commitment order is entered, bringing the person under the
  supervision of [designated by] the office.
         SECTION 9.  Section 841.084, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  A committed person, on request, shall provide to the
  office any financial records or other information regarding the
  person's income, assets, and expenses to assist the office in
  determining whether the person is indigent for purposes of this
  section.
         SECTION 10.  Section 841.146(a), Health and Safety Code, is
  amended to read as follows:
         (a)  On request, a person subject to a civil commitment
  proceeding under this chapter and the attorney representing the
  state are entitled to a jury trial or a hearing before a jury for
  that proceeding, except for a proceeding set by the judge under
  Section 841.102(c)(1). The jury shall consist of 12 qualified
  jurors. The judge may direct that not more than four jurors in
  addition to the regular jury be called and impaneled to sit as
  alternate jurors. Each party is entitled to 10 peremptory
  challenges to the 12 qualified jurors and one peremptory challenge
  to the qualified alternate jurors [The number and selection of
  jurors are governed by Chapter 33, Code of Criminal Procedure].
         SECTION 11.  Section 841.151, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsection (c-1) to
  read as follows:
         (c)  Except as provided by Subsection (c-1), as [As] soon as
  practicable before, but not later than the third business 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 office and the person's case manager in
  writing of the anticipated date and time of the person's release.
         (c-1)  Subsection (c) does not apply with respect to a person
  whom a court orders to be immediately released from a correctional
  facility, secure correctional facility, or secure detention
  facility.
         SECTION 12.  Section 841.0834(e), Health and Safety Code, is
  repealed.
         SECTION 13.  (a)  Except as otherwise provided by this
  section, the changes in law made by this Act to Chapter 841, Health
  and Safety Code, apply to a civil commitment proceeding under that
  chapter that is initiated on or after the effective date of this
  Act, regardless of when the applicable petition for civil
  commitment was filed.
         (b)  Section 841.0834, Health and Safety Code, as amended by
  this Act, applies only to a petition for transfer that is filed or
  to a return to a more restrictive setting that occurs on or after
  the effective date of this Act. A petition filed or a return that
  occurs before the effective date of this Act is governed by the law
  in effect on the date the petition was filed or the return occurred,
  and the former law is continued in effect for that purpose.
         (c)  Section 841.151, Health and Safety Code, as amended by
  this Act, applies only to the release of a committed person that
  occurs on or after the effective date of this Act. The release of a
  committed person that occurs before the effective date of this Act
  is governed by the law in effect on the date the person was
  released, and the former law is continued in effect for that
  purpose.
         SECTION 14.  This Act takes effect September 1, 2021.