Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Impact
The enactment of HB4886 will significantly impact state laws regarding the treatment and management of individuals who are civilly committed as sexually violent predators. It revises penalties and clarifies actions that constitute felonies under the law when committed by or against certain individuals in these facilities. This shift not only strengthens the penal framework surrounding these offenses but also has implications for how civil commitment facilities operate, particularly concerning prohibited items and interactions between committed persons and facility staff.
Summary
House Bill 4886 is centered around the issues concerning sexually violent predators and the enhancement of legal provisions related to their civil commitment. The bill amends existing laws, particularly in the Texas Penal Code, to establish that certain offenses, including the provision of prohibited items in correctional or civil commitment facilities, are classified as felonies, particularly if committed by individuals already civilly committed due to sexual violence crimes. By raising the stakes for these offenses, HB4886 aims to strengthen the safety and security within these facilities and ensure that such environments are less susceptible to potential harm from within.
Sentiment
Sentiment around HB4886 is divided, with supporters praising its focus on enhancing security and accountability within civil commitment facilities. Proponents, including some advocacy groups, highlight the necessity of stringent measures to protect against potential threats posed by individuals with history of sexual violence. In contrast, opponents express concerns regarding overreach and the potential infringement on rights of committed individuals, particularly relating to their ability to receive communication and maintain their legal rights within the facility.
Contention
A notable point of contention within discussions surrounding HB4886 is the balancing act between public safety and the rights of civilly committed individuals. Testimonies during committee meetings revealed a push for amendments to ensure clarity and protection for individuals represented in civil commitment facilities, while also addressing the judicial oversight of medication administration for mental health management. Concerns regarding the use of restraints—both chemical and mechanical—further exemplified the need for careful consideration of humane treatment within these facilities.
Texas Constitutional Statutes Affected
Penal Code
Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
Section: New Section
Chapter 21. Sexual Offenses
Section: New Section
Chapter 22. Assaultive Offenses
Section: New Section
Chapter 38. Obstructing Governmental Operation
Section: 11
Occupations Code
Chapter 109. Release Of Sex Offender Treatment Information
Section: 051
Section: 052
Section: 053
Health And Safety Code
Chapter 841. Civil Commitment Of Sexually Violent Predators
Identical
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities; amending certain sex offender registration requirements; increasing criminal penalties.
Relating to the civil commitment of sexually violent predators, the operation of the Texas Civil Commitment Office, and certain related offenses; increasing a criminal penalty.
Relating to the civil commitment of sexually violent predators, the operation of the Texas Civil Commitment Office, and certain related offenses; increasing a criminal penalty.
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.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to the continuity of services received by individuals receiving services at state hospitals and state supported living centers, the establishment of a pilot program to provide behavioral health or psychiatric services to certain residential care facility residents, and court orders for psychoactive medication for certain patients.