Texas House Bill HB4886

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

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
  • Section: 042
  • Section: 0834
  • Section: 0838
  • Section: New Section

Government Code

• Chapter 552. Public Information
  • Section: 1345

• Chapter 2001. Administrative Procedure
  • Section: 227