By: Whitmire S.B. No. 826
(In the Senate - Filed February 26, 2013; March 5, 2013,
read first time and referred to Committee on Criminal Justice;
April 4, 2013, reported favorably by the following vote: Yeas 7,
Nays 0; April 4, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to notification regarding the anticipated release of a
potential predator from civil commitment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 841.021, Health and Safety Code, is
amended to read as follows:
Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Before
the person's anticipated release date, the Texas Department of
Criminal Justice shall give to the multidisciplinary team
established under Section 841.022 written notice of the anticipated
release of a person who:
(1) is serving a sentence for:
(A) a sexually violent offense described by
Section 841.002(8)(A), (B), or (C); or
(B) what is, or as described by this chapter what
the department reasonably believes may be determined to be, a
sexually violent offense described by Section 841.002(8)(D); and
(2) may be a repeat sexually violent offender.
(b) Before the person's anticipated discharge date, the
Department of State Health Services shall give to the
multidisciplinary team established under Section 841.022 written
notice of the anticipated discharge of a person who:
(1) is committed to the department after having been
adjudged not guilty by reason of insanity of:
(A) a sexually violent offense described by
Section 841.002(8)(A), (B), or (C); or
(B) what is, or as described by this chapter what
the department reasonably believes may be determined to be, a
sexually violent offense described by Section 841.002(8)(D); and
(2) may be a repeat sexually violent offender.
(c) The Texas Department of Criminal Justice or the
Department of State Health Services, as appropriate, shall give the
notice described by Subsection (a) or (b) not later than the first
day of the 16th month before the person's anticipated date of
[release or] discharge from control of the Texas Department of
Criminal Justice or the Department of State Health Services [date],
but under exigent circumstances may give the notice at any time
before the anticipated date of [release or] discharge [date]. The
notice must contain the following information:
(1) the person's name, identifying factors,
anticipated residence after release or discharge, and criminal
history;
(2) documentation of the person's institutional
adjustment and actual treatment; and
(3) an assessment of the likelihood that the person
will commit a sexually violent offense after release or discharge.
SECTION 2. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is covered
by the law in effect at the time the conduct occurred, and the
former law is continued in effect for that purpose. For the
purposes of this section, conduct occurs before the effective date
of this Act if any element of the conduct occurred before that date.
SECTION 3. This Act takes effect September 1, 2013.
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