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.