Texas 2013 - 83rd Regular

Texas Senate Bill SB826 Compare Versions

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1	1	By: Whitmire S.B. No. 826
2	2	(In the Senate - Filed February 26, 2013; March 5, 2013,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	April 4, 2013, reported favorably by the following vote: Yeas 7,
5	5	Nays 0; April 4, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to notification regarding the anticipated release of a
11	11	potential predator from civil commitment.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 841.021, Health and Safety Code, is
14	14	amended to read as follows:
15	15	Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Before
16	16	the person's anticipated release date, the Texas Department of
17	17	Criminal Justice shall give to the multidisciplinary team
18	18	established under Section 841.022 written notice of the anticipated
19	19	release of a person who:
20	20	(1) is serving a sentence for:
21	21	(A) a sexually violent offense described by
22	22	Section 841.002(8)(A), (B), or (C); or
23	23	(B) what is, or as described by this chapter what
24	24	the department reasonably believes may be determined to be, a
25	25	sexually violent offense described by Section 841.002(8)(D); and
26	26	(2) may be a repeat sexually violent offender.
27	27	(b) Before the person's anticipated discharge date, the
28	28	Department of State Health Services shall give to the
29	29	multidisciplinary team established under Section 841.022 written
30	30	notice of the anticipated discharge of a person who:
31	31	(1) is committed to the department after having been
32	32	adjudged not guilty by reason of insanity of:
33	33	(A) a sexually violent offense described by
34	34	Section 841.002(8)(A), (B), or (C); or
35	35	(B) what is, or as described by this chapter what
36	36	the department reasonably believes may be determined to be, a
37	37	sexually violent offense described by Section 841.002(8)(D); and
38	38	(2) may be a repeat sexually violent offender.
39	39	(c) The Texas Department of Criminal Justice or the
40	40	Department of State Health Services, as appropriate, shall give the
41	41	notice described by Subsection (a) or (b) not later than the first
42	42	day of the 16th month before the person's anticipated date of
43	43	[release or] discharge from control of the Texas Department of
44	44	Criminal Justice or the Department of State Health Services [date],
45	45	but under exigent circumstances may give the notice at any time
46	46	before the anticipated date of [release or] discharge [date]. The
47	47	notice must contain the following information:
48	48	(1) the person's name, identifying factors,
49	49	anticipated residence after release or discharge, and criminal
50	50	history;
51	51	(2) documentation of the person's institutional
52	52	adjustment and actual treatment; and
53	53	(3) an assessment of the likelihood that the person
54	54	will commit a sexually violent offense after release or discharge.
55	55	SECTION 2. The changes in law made by this Act apply only to
56	56	conduct that occurs on or after the effective date of this Act.
57	57	Conduct that occurs before the effective date of this Act is covered
58	58	by the law in effect at the time the conduct occurred, and the
59	59	former law is continued in effect for that purpose. For the
60	60	purposes of this section, conduct occurs before the effective date
61	61	of this Act if any element of the conduct occurred before that date.
62	62	SECTION 3. This Act takes effect September 1, 2013.
63	63	* * * * *