By: Perry S.B. No. 906
 
 
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.  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 3.  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 4.  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 5.  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 6.  Section 841.0834(e), Health and Safety Code, is
  repealed.
         SECTION 7.  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.
         SECTION 8.  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 9.  This Act takes effect September 1, 2021.