S.B. No. 746
AN ACT
relating to the civil commitment of sexually violent predators;
amending provisions subject to criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 841.002(1), (3), and (4), Health and
Safety Code, are amended to read as follows:
(1) "Attorney representing the state" means a district
attorney, criminal district attorney, or county attorney with
felony criminal jurisdiction who represents the state in [an
attorney employed by the civil division of the special prosecution
unit to initiate and pursue] a civil commitment proceeding under
this chapter.
(3) "Case manager" means a person employed by or under
contract with the office to perform duties related to the
[outpatient] treatment and supervision of a person committed under
this chapter.
(4) "Office" means the Texas Civil Commitment Office
[of Violent Sex Offender Management].
SECTION 2. 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 if the person is convicted of more than one
sexually violent offense and a sentence is imposed for at least one
of the offenses or if:
(1) the person:
(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;
(B) enters a plea of guilty or nolo contendere
for a sexually violent offense in return for a grant of deferred
adjudication; or
(C) [is adjudged not guilty by reason of insanity
of a sexually violent offense; or
[(D)] is adjudicated by a juvenile court as
having engaged in delinquent conduct constituting a sexually
violent offense and is committed to the Texas Juvenile Justice
Department under Section 54.04(d)(3) or (m), Family Code; and
(2) after the date on which under 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 a sexually violent offense for which the person[:
[(A)] is convicted, but only if the sentence for
the offense is imposed[; or
[(B) is adjudged not guilty by reason of
insanity].
SECTION 3. Section 841.007, Health and Safety Code, is
amended to read as follows:
Sec. 841.007. DUTIES OF TEXAS CIVIL COMMITMENT OFFICE [OF
VIOLENT SEX OFFENDER MANAGEMENT]. The Texas Civil Commitment
Office [of Violent Sex Offender Management] is responsible for:
(1) providing appropriate and necessary treatment and
supervision for committed persons through the case management
system; and
(2) developing and implementing a sex offender
treatment program for persons committed under this chapter.
SECTION 4. Section 841.021, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsections
(a-1) and (d) to read as follows:
(a) Subject to Subsection (a-1) and except as provided by
Subsection (d), before [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.
(a-1) Regardless of whether any exigent circumstances are
present, the Texas Department of Criminal Justice may give notice
under this section with respect to a person who is scheduled to be
released on parole or to mandatory supervision only if the person's
anticipated release date is not later than 24 months after the date
on which the notice will be given. The department may not give
notice with respect to a person who is currently released on parole
or to mandatory supervision, but the multidisciplinary team may
perform the functions described by Section 841.022(c) within the
applicable period required by that subsection if the written notice
required by this section was received by the team before the date of
the person's release.
(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 24th [16th] month before the person's anticipated
release [or discharge] date, but under exigent circumstances may
give the notice at any time before that [the anticipated release or
discharge] date, except as provided by Subsection (a-1). 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].
(d) The Texas Department of Criminal Justice may not provide
notice under Subsection (a) of the anticipated release of a person
for whom the department has previously provided notice under this
section and who has been previously recommended for an assessment
under Section 841.022 unless, after the recommendation for
assessment was made:
(1) the person is convicted of a new sexually violent
offense; or
(2) the person's parole or mandatory supervision is
revoked based on:
(A) the commission of a new sexually violent
offense;
(B) failure to adhere to the requirements of sex
offender treatment and supervision; or
(C) failure to register as a sex offender.
SECTION 5. Section 841.022, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended by amending Subsections (a) and (c) and
adding Subsection (a-1) to read as follows:
(a) The executive director of the Texas Department of
Criminal Justice [and the commissioner of state health services
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) a mental health professional [one person] from the
Department of State Health Services;
(2) two persons from the Texas Department of Criminal
Justice as follows:
(A) [,] one person [of whom must be] from the
victim services division; and
(B) one person from the sex offender
rehabilitation program in the rehabilitation programs division [of
that department];
(3) a licensed peace officer who is employed by the
Department of Public Safety and who has at least five years'
experience working for that department or the officer's designee
[one person from the Department of Public Safety];
(4) two persons from the office [or office personnel];
and
(5) a licensed sex offender treatment provider [one
person] from the Council on Sex Offender Treatment.
(a-1) The Texas Department of Criminal Justice, in
consultation with the office, shall provide training to the members
of the multidisciplinary team regarding the civil commitment
program under this chapter, including training regarding:
(1) eligibility criteria for commitment;
(2) the process for evaluating persons for commitment;
and
(3) the sex offender treatment program for persons
committed under this chapter.
(c) Not later than the 60th day after the date the
multidisciplinary team receives notice under Section 841.021(a)
[or (b)], the team shall:
(1) assess whether the person is a repeat sexually
violent offender and whether the person is likely to commit a
sexually violent offense after release [or discharge];
(2) give notice of that assessment to the Texas
Department of Criminal Justice [or the Department of State Health
Services, as appropriate]; and
(3) recommend the assessment of the person for a
behavioral abnormality, as appropriate.
SECTION 6. Section 841.023, Health and Safety Code, is
amended to read as follows:
Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
(a) Not later than the 60th day after the date of a recommendation
under Section 841.022(c), the Texas Department of Criminal Justice
[or the Department of State Health Services, as appropriate,] shall
assess whether the person suffers from a behavioral abnormality
that makes the person likely to engage in a predatory act of sexual
violence. To aid in the assessment, the department [required to
make the assessment] shall use an expert to examine the person. The
[That] department may contract for the expert services required by
this subsection. The expert shall make a clinical assessment based
on testing for psychopathy, a clinical interview, and other
appropriate assessments and techniques to aid the department in its
assessment.
(b) If as a result of the assessment the Texas Department of
Criminal Justice [or the Department of State Health Services]
believes that the person suffers from a behavioral abnormality, not
later than the 60th day after the date of a recommendation under
Section 841.022(c) the department [making the assessment] shall
give notice of that assessment and provide corresponding
documentation to the attorney representing the state for the county
in which the person was most recently convicted of a sexually
violent offense [not later than the 60th day after the date of a
recommendation under Section 841.022(c)].
SECTION 7. Section 841.041(a), Health and Safety Code, is
amended to read as follows:
(a) If a person is referred to the attorney representing the
state under Section 841.023, the attorney may file, in the [a
Montgomery County district] court of conviction for the person's
most recent sexually violent offense [other than a family district
court], a petition alleging that the person is a sexually violent
predator and stating facts sufficient to support the allegation.
SECTION 8. Subchapter C, Chapter 841, Health and Safety
Code, is amended by adding Section 841.042 to read as follows:
Sec. 841.042. ASSISTANCE FROM SPECIAL PROSECUTION UNIT. On
request of the attorney representing the state, the special
prosecution unit shall provide legal, financial, and technical
assistance to the attorney for a civil commitment proceeding
conducted under this chapter.
SECTION 9. Section 841.061(a), Health and Safety Code, is
amended to read as follows:
(a) The [Not later than the 270th day after the date a
petition is served on the person under Section 841.041, the] judge
shall conduct a trial to determine whether the person is a sexually
violent predator:
(1) 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.
SECTION 10. Section 841.063, Health and Safety Code, is
amended to read as follows:
Sec. 841.063. CONTINUANCE. (a) Except as provided by
Subsection (b), the [The] judge may continue a trial or hearing
conducted under this chapter if the person is not substantially
prejudiced by the continuance and:
(1) on the request of either party and a showing of
good cause; or
(2) on the judge's own motion in the due administration
of justice.
(b) The judge may not continue a trial conducted under this
chapter to a date occurring later than the person's sentence
discharge date.
SECTION 11. Subchapter D, Chapter 841, Health and Safety
Code, is amended by adding Section 841.065 to read as follows:
Sec. 841.065. AGREED ORDER. An agreed order of civil
commitment must require the person to submit to the treatment and
supervision administered by the office.
SECTION 12. Section 841.081, Health and Safety Code, is
amended to read as follows:
Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. (a) If at a
trial conducted under Subchapter D the judge or jury determines
that the person is a sexually violent predator, the judge shall
commit the person for [outpatient] treatment and supervision to be
coordinated by the office [case manager]. The commitment order is
effective immediately on entry of the order, except that the
[outpatient] treatment and supervision begins on the person's
release from a secure correctional facility [or discharge from a
state hospital] and continues until the person's behavioral
abnormality has changed to the extent that the person is no longer
likely to engage in a predatory act of sexual violence.
(b) At any time after entry of a commitment order under
Subsection (a), the office [case manager] may provide to the person
instruction regarding the requirements associated with the order,
regardless of whether the person is incarcerated at the time of the
instruction.
SECTION 13. Sections 841.082(a) and (b), 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 where instructed
[in a Texas residential facility under contract with the office or
at another location or facility approved] by the office;
(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 the sex offender treatment program [a specific
course of treatment] provided by the office and compliance with all
written requirements imposed by the [case manager or otherwise by
the] office;
(4) [(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;
and
(5) [(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 from the
office[;
[(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; and
[(8) any other requirements determined necessary by
the judge].
(b) A tracking service to which a person is required to
submit under Subsection (a)(4) [(a)(5)] must:
(1) track the person's location in real time;
(2) be able to provide a real-time report of the
person's location to the office on [case manager at the case
manager's] request; and
(3) periodically provide a cumulative report of the
person's location to the office [case manager].
SECTION 14. Subchapter E, Chapter 841, Health and Safety
Code, is amended by adding Sections 841.0821 and 841.0822 to read as
follows:
Sec. 841.0821. SEX OFFENDER TREATMENT BEFORE RELEASE FROM
SECURE CORRECTIONAL FACILITY. (a) The Texas Department of
Criminal Justice shall prioritize enrolling in a sex offender
treatment program established by the department any committed
person who has not yet been released by the department.
(b) The Texas Department of Criminal Justice and the office
shall adopt a memorandum of understanding that establishes their
respective responsibilities to institute a continuity of care for
committed persons enrolled in a sex offender treatment program
established by the department.
Sec. 841.0822. REQUIRED PROCEDURES BEFORE RELEASE FROM
SECURE CORRECTIONAL FACILITY. Before a committed person is
released from a secure correctional facility, the Texas Department
of Criminal Justice shall ensure that:
(1) the Department of Public Safety issues a personal
identification card to the person; and
(2) the person completes an application for the
following federal benefits, as appropriate, for which the person
may be eligible:
(A) social security benefits, including
disability benefits, administered by the United States Social
Security Administration; and
(B) veterans benefits administered by the United
States Department of Veterans Affairs.
SECTION 15. Section 841.083, Health and Safety Code, is
amended to read as follows:
Sec. 841.083. TREATMENT; SUPERVISION. (a) The office
shall determine the conditions of supervision and treatment of a
committed person [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
$10,000 for providing the required treatment].
(b) The office [case manager] shall provide supervision to
the person. The provision of supervision must include a tracking
service and, if determined necessary by the office [required by
court order], supervised housing.
(c) The office shall enter into appropriate memoranda of
understanding with the Texas Department of Criminal Justice
[Department of Public Safety] for the provision of a tracking
service and with the Department of Public Safety and local law
enforcement authorities for assistance in the preparation of
criminal complaints, warrants, and related documents and in the
apprehension and arrest of a person.
(d) The office shall enter into appropriate contracts
[memoranda of understanding] for the provision of any necessary
supervised housing and other related services and may enter into
appropriate contracts for medical and mental health services and
sex offender treatment. [The office shall reimburse the applicable
provider for housing costs under this section.]
(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; and
(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, 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 16. Subchapter E, Chapter 841, Health and Safety
Code, is amended by adding Sections 841.0831, 841.0832, 841.0833,
841.0834, 841.0835, and 841.0836 to read as follows:
Sec. 841.0831. TIERED PROGRAM. (a) The office shall
develop a tiered program for the supervision and treatment of a
committed person.
(b) The tiered program must provide for the seamless
transition of a committed person from a total confinement facility
to less restrictive housing and supervision and eventually to
release from civil commitment, based on the person's behavior and
progress in treatment.
Sec. 841.0832. HOUSING FACILITIES. (a) The office shall
operate, or contract with a vendor to operate, one or more
facilities provided for the purpose of housing committed persons.
(b) The office shall designate a facility under Subsection
(a) to serve as an intake and orientation facility for committed
persons on release from a secure correctional facility.
Sec. 841.0833. SECURITY AND MONITORING. The office shall
develop procedures for the security and monitoring of committed
persons in each programming tier.
Sec. 841.0834. MOVEMENT BETWEEN PROGRAMMING TIERS.
(a) The office shall transfer a committed person to less
restrictive housing and supervision if the transfer is in the best
interests of the person and conditions can be imposed that
adequately protect the community.
(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.
(c) The office shall return a committed person who has been
transferred to less restrictive housing and supervision to a more
restrictive setting if the office considers the transfer necessary
to further treatment and to protect the community. The decision to
transfer the person must be based on the person's behavior or
progress in treatment.
(d) A committed person returned to a more restrictive
setting under Subsection (c) 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 that the
office's determination was not made in accordance with Subsection
(c).
Sec. 841.0835. COMMITTED PERSONS WITH SPECIAL NEEDS. The
Health and Human Services Commission shall coordinate with the
office to provide psychiatric services, disability services, and
housing for a committed person with an intellectual or
developmental disability, a mental illness, or a physical
disability that prevents the person from effectively participating
in the sex offender treatment program administered by the office.
Sec. 841.0836. RELEASE FROM HOUSING. A committed person
released from housing operated by or under contract with the office
shall be released to the county in which the person was most
recently convicted of a sexually violent offense.
SECTION 17. Section 841.084, Health and Safety Code, is
amended to read as follows:
Sec. 841.084. PAYMENT OF COSTS BY COMMITTED PERSON [COST OF
TRACKING SERVICE]. (a) Notwithstanding Section 841.146(c), a
civilly committed person who is not indigent:
(1) is responsible for the cost of:
(A) housing and treatment provided under this
chapter; and
(B) the tracking service required by Section
841.082; and
(2) monthly shall pay to the office the amount that the
office determines will be necessary to defray the cost of providing
the housing, treatment, and [operating the] service with respect to
the person [during the subsequent month. The office immediately
shall transfer the money to the appropriate service provider].
(b) Money collected under this section shall be deposited to
the credit of the account from which the costs were originally paid.
SECTION 18. Subchapter E, Chapter 841, Health and Safety
Code, is amended by adding Section 841.0845 to read as follows:
Sec. 841.0845. NOTICE OF INTENT REGARDING NEW RESIDENCE OR
FACILITY. (a) The office shall provide advance notice of any
intent to house one or more committed persons at a new residence or
facility that has not previously served as housing for committed
persons under this chapter.
(b) A vendor shall provide advance notice of any intent to
submit a proposal to the office for the construction or renovation
of a residence or facility that will serve as a new location for
housing committed persons under this chapter.
(c) Notice must be provided in writing to each member of the
legislature who represents a district containing territory in the
affected county as follows:
(1) by a vendor, not later than the 30th day before the
date that the vendor will submit a proposal described by Subsection
(b) to the office; and
(2) by the office:
(A) as soon as practicable after awarding a
contract for the construction or renovation of a residence or
facility that will serve as a new location for housing committed
persons under this chapter; or
(B) if a construction or renovation contract is
unnecessary for the purpose, not later than the 30th day before the
date that the residence or facility will first be used as housing
for committed persons under this chapter, except as provided by
Subsection (d).
(d) The office may provide notice required by Subsection
(c)(2)(B) not later than 72 hours before transferring a committed
person to the residence or facility if the transfer is necessary due
to:
(1) a medical emergency;
(2) a serious behavioral or health and safety issue;
or
(3) release from a secure correctional facility.
SECTION 19. Section 841.085(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if, after having been
adjudicated and civilly committed as a sexually violent predator
under this chapter, the person violates a civil commitment
requirement imposed under Section 841.082(a)(1), (2), (4), or (5)
[841.082].
SECTION 20. Section 841.101(b), Health and Safety Code, is
amended to read as follows:
(b) In preparation for a judicial review conducted under
Section 841.102, the office [case manager] shall provide a report
of the biennial examination to the judge and to the person. 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.]
SECTION 21. Section 841.102(a), Health and Safety Code, is
amended to read as follows:
(a) Not later than the 60th day after the date of receipt of
the report submitted under Section 841.101, the [The] judge shall
conduct a biennial review of the status of the committed person and
issue an order concluding the review or setting a hearing under
Subsection (c).
SECTION 22. Section 841.121(a), Health and Safety Code, is
amended to read as follows:
(a) If the office [case manager] determines that the
committed person's behavioral abnormality has changed to the extent
that the person is no longer likely to engage in a predatory act of
sexual violence, the office [case manager] shall authorize the
person to petition the court for release.
SECTION 23. Section 841.122, Health and Safety Code, is
amended to read as follows:
Sec. 841.122. RIGHT TO FILE UNAUTHORIZED PETITION FOR
RELEASE. On a person's commitment and annually after that
commitment, the office [case manager] shall provide the person with
written notice of the person's right to file with the court and
without the office's [case manager's] authorization a petition for
release.
SECTION 24. Sections 841.123(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) If the committed person files a petition for release
without the office's [case manager's] authorization, the person
shall serve the petition on the court and the attorney representing
the state.
(b) The judge shall review and issue a ruling on [On receipt
of] a petition for release filed by the committed person without the
office's [case manager's] authorization not later than the 60th day
after the date of filing of the petition[, the judge shall attempt
as soon as practicable to review the petition].
(c) Except as provided by Subsection (d), the judge shall
deny without a hearing a petition for release filed without the
office's [case manager's] authorization if the petition is
frivolous or if:
(1) the petitioner previously filed without the
office's [case manager's] authorization another petition for
release; and
(2) the judge determined on review of the previous
petition or following a hearing that:
(A) the petition was frivolous; or
(B) the petitioner's behavioral abnormality had
not changed to the extent that the petitioner was no longer likely
to engage in a predatory act of sexual violence.
SECTION 25. Section 841.124(a), Health and Safety Code, is
amended to read as follows:
(a) If as authorized by Section 841.123 the judge does not
deny a petition for release filed by the committed person without
the office's [case manager's] authorization, the judge shall
conduct [as soon as practicable] a hearing on the petition not later
than the 60th day after the date of filing of the petition.
SECTION 26. Section 841.141(b), Health and Safety Code, is
amended to read as follows:
(b) The office [by rule] shall adopt rules to:
(1) develop standards of care and case management for
persons committed under this chapter;
(2) determine the conditions of supervision and
treatment of a committed person; and
(3) develop and implement the tiered program described
by Section 841.0831, including rules regarding a committed person's
transition between programming tiers.
SECTION 27. Sections 841.142(b), (c), and (d), Health and
Safety Code, are amended to read as follows:
(b) To protect the public and to enable the provision of
supervision and treatment to a person who is a sexually violent
predator, any entity that possesses relevant information relating
to the person shall release the information to the office [case
manager].
(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, a service provider
contracting with one of those agencies, the multidisciplinary team,
and the applicable 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, a service provider contracting with
one of those agencies, the multidisciplinary team, and the
applicable attorney representing the state may exchange any
available information relating to the person.
SECTION 28. Section 841.146(c), Health and Safety Code, is
amended to read as follows:
(c) In an amount not to exceed $2,500, the State of Texas
shall pay all costs associated with a civil commitment proceeding
conducted under Subchapter D. The State of Texas shall pay the
reasonable costs of state or appointed counsel or experts for any
other civil commitment proceeding conducted under this chapter and
shall pay the reasonable costs of the person's [outpatient]
treatment and supervision.
SECTION 29. 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;
(2) a member of the multidisciplinary team established
under Section 841.022;
(3) the applicable attorney representing the state and
an employee of the attorney [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 30. Section 841.150, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 841.150. EFFECT OF SUBSEQUENT DETENTION, CONFINEMENT,
OR COMMITMENT [OR CONFINEMENT] ON ORDER OF CIVIL COMMITMENT.
(a) The duties imposed on the office and the judge by this chapter
are suspended for the duration of a detention or [any] confinement
of a committed person in a correctional facility, secure
correctional facility, or secure detention facility, or if
applicable any other commitment of the [a] person to a community
center, mental health facility, or state supported living center,
by governmental action.
(b) In this section:
(1) "Community center" means a center established
under Subchapter A, Chapter 534.
(2) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(3) "Mental health facility" has the meaning assigned
by Section 571.003.
(4) "Secure correctional facility" and "secure
detention facility" have the meanings assigned by Section 51.02,
Family Code.
(5) [(3)] "State supported living center" has the
meaning assigned by Section 531.002.
SECTION 31. Sections 841.151(b) and (c), Health and Safety
Code, are amended to read as follows:
(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(a)(1), (2), (4), or (5) [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
office and the person's case manager in writing of the anticipated
date and time of the person's release.
SECTION 32. Article 13.315, Code of Criminal Procedure, is
amended to read as follows:
Art. 13.315. FAILURE TO COMPLY WITH SEXUALLY VIOLENT
PREDATOR CIVIL COMMITMENT REQUIREMENT. An offense under Section
841.085, Health and Safety Code, may be prosecuted in the county in
which any element of the offense occurs or in the court that retains
jurisdiction over the civil commitment proceeding under Section
841.082, Health and Safety Code [Montgomery County].
SECTION 33. Section 24.579(c), Government Code, is amended
to read as follows:
(c) Notwithstanding any other law and only to the extent
that the duties of those individuals relate to civil commitment
proceedings under Chapter 841, Health and Safety Code, or to
criminal cases involving offenses under Section 841.085, Health and
Safety Code, and Article 62.203, Code of Criminal Procedure, the
state shall pay the salaries of and other expenses related to the
court reporter appointed for the 435th District Court under Section
52.041 and the court coordinator appointed for the court under
Section 74.101. The salaries of the court reporter and court
coordinator shall be set in amounts commensurate with the salaries
paid by other district courts for those positions.
SECTION 34. Section 411.1389, Government Code, is amended
to read as follows:
Sec. 411.1389. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS CIVIL COMMITMENT OFFICE [OF VIOLENT SEX
OFFENDER MANAGEMENT]. (a) The Texas Civil Commitment Office [of
Violent Sex Offender Management] is entitled to obtain from the
department criminal history record information that is maintained
by the department and that relates to a person who has applied with
the office to be:
(1) an employee of the office; or
(2) a contracted service provider with the office.
(b) Criminal history record information obtained by the
Texas Civil Commitment Office [of Violent Sex Offender Management]
under Subsection (a) may not be released or disclosed to any person
or agency except on court order or with the consent of the person
who is the subject of the information.
(c) The Texas Civil Commitment Office [of Violent Sex
Offender Management] shall destroy criminal history record
information obtained under Subsection (a) as soon as practicable
after the date on which, as applicable:
(1) the person's employment or contract with the
office terminates; or
(2) the office decides not to employ or contract with
the person.
SECTION 35. The heading to Chapter 420A, Government Code,
is amended to read as follows:
CHAPTER 420A. TEXAS CIVIL COMMITMENT OFFICE [OF VIOLENT SEX
OFFENDER MANAGEMENT]
SECTION 36. Section 420A.001, Government Code, is amended
to read as follows:
Sec. 420A.001. DEFINITIONS. In this chapter:
(1) "Board" means the governing board of the Texas
Civil Commitment Office [of Violent Sex Offender Management].
(2) "Office" means the Texas Civil Commitment Office
[of Violent Sex Offender Management].
SECTION 37. Sections 420A.002(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The Texas Civil Commitment Office [of Violent Sex
Offender Management] is a state agency.
(b) The office is governed by a board composed of five [the
following three] members appointed by the governor, including:
(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.
Three [Two] members' terms expire February 1 of each even-numbered
year and two members' terms expire [one member's term expires]
February 1 of each odd-numbered year.
SECTION 38. Section 420A.004, Government Code, is amended
to read as follows:
Sec. 420A.004. SUNSET PROVISION. The Texas Civil
Commitment 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, 2023.
SECTION 39. The following laws are repealed:
(1) Section 24.579(b), Government Code; and
(2) Sections 841.004, 841.021(b), and 841.085(c),
Health and Safety Code.
SECTION 40. (a) Except as provided by Subsection (a-1) of
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.
(a-1) The jurisdiction of a district court, the
representation of the state by the civil division of the special
prosecution unit, and the representation of a respondent by the
Office of State Counsel for Offenders or other court-appointed
counsel in any civil commitment trial, any review of a petition for
release, or any biennial review under Chapter 841, Health and
Safety Code, that is pending on the effective date of this Act
remain unaffected by this Act until the conclusion of that
proceeding.
(b) If a civil commitment requirement imposed under Chapter
841, Health and Safety Code, before the effective date of this Act
differs from any of the civil commitment requirements listed in
Section 841.082, Health and Safety Code, as amended by this Act, the
applicable court with jurisdiction over the committed person shall,
after notice and hearing, modify the requirement imposed as
applicable to conform to that section.
SECTION 41. The change in law made by this Act in amending
Section 841.085, Health and Safety Code, applies to an offense
committed before, on, or after the effective date of this Act,
except that a final conviction for an offense under that section
that exists on the effective date of this Act remains unaffected by
this Act.
SECTION 42. As soon as practicable after the effective date
of this Act, the governor shall appoint the additional members to
the governing board of the Texas Civil Commitment Office, as
required by Section 420A.002, Government Code, as amended by this
Act. In making those appointments, the governor shall appoint one
member to a term expiring February 1, 2016, and one member to a term
expiring February 1, 2017.
SECTION 43. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 44. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 746 passed the Senate on
April 23, 2015, by the following vote: Yeas 28, Nays 2; and that
the Senate concurred in House amendments on May 21, 2015, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 746 passed the House, with
amendments, on May 18, 2015, by the following vote: Yeas 137,
Nays 3, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor