| 1 | 1 | | 89R4411 MCF-D |
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| 2 | 2 | | By: Cain H.B. No. 2538 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to chemical castration treatment as a condition of parole |
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| 10 | 10 | | for certain releasees; creating a criminal offense. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter E, Chapter 508, Government Code, is |
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| 13 | 13 | | amended by adding Section 508.14105 to read as follows: |
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| 14 | 14 | | Sec. 508.14105. CHEMICAL CASTRATION TREATMENT REQUIRED |
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| 15 | 15 | | BEFORE RELEASE OF CERTAIN INMATES ON PAROLE. (a) This section |
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| 16 | 16 | | applies only to an inmate serving a sentence for an offense under |
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| 17 | 17 | | Section 22.021(a)(2)(B), Penal Code, who has not received an |
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| 18 | 18 | | orchiectomy under Section 501.061. |
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| 19 | 19 | | (b) Notwithstanding any other law, a parole panel may not |
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| 20 | 20 | | release an inmate on parole unless the inmate has received chemical |
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| 21 | 21 | | castration treatment, as defined by Section 508.1863, at least 30 |
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| 22 | 22 | | days before the date the inmate is scheduled to be released on |
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| 23 | 23 | | parole. |
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| 24 | 24 | | SECTION 2. Subchapter F, Chapter 508, Government Code, is |
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| 25 | 25 | | amended by adding Section 508.1863 to read as follows: |
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| 26 | 26 | | Sec. 508.1863. CHEMICAL CASTRATION TREATMENT. (a) In this |
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| 27 | 27 | | section, "chemical castration treatment" means the ongoing |
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| 28 | 28 | | provision of a puberty-blocking drug to reduce, inhibit, or block |
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| 29 | 29 | | the production of testosterone or other hormones or chemicals in a |
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| 30 | 30 | | person's body. |
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| 31 | 31 | | (b) A parole panel shall require as a condition of release |
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| 32 | 32 | | on parole that a releasee undergo chemical castration treatment if |
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| 33 | 33 | | the releasee: |
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| 34 | 34 | | (1) is serving a sentence for an offense under Section |
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| 35 | 35 | | 22.021(a)(2)(B), Penal Code; and |
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| 36 | 36 | | (2) has not received an orchiectomy under Section |
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| 37 | 37 | | 501.061. |
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| 38 | 38 | | (c) Except as provided by Subsection (d), the releasee must |
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| 39 | 39 | | pay for all costs associated with receiving chemical castration |
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| 40 | 40 | | treatment. |
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| 41 | 41 | | (d) On request of a releasee, the board shall determine |
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| 42 | 42 | | whether the releasee is indigent and shall waive the costs |
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| 43 | 43 | | associated with undergoing chemical castration treatment if the |
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| 44 | 44 | | board determines that the releasee is not capable of paying the |
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| 45 | 45 | | costs associated with the treatment in the foreseeable future. The |
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| 46 | 46 | | board may review its prior determination to waive costs under this |
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| 47 | 47 | | subsection at any point during the releasee's period of parole and |
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| 48 | 48 | | may require the releasee to begin or resume paying the costs of the |
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| 49 | 49 | | treatment if the board determines that the releasee is no longer |
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| 50 | 50 | | indigent. |
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| 51 | 51 | | (e) The board shall adopt rules and procedures necessary to |
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| 52 | 52 | | implement this section, including rules establishing the frequency |
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| 53 | 53 | | with which a releasee must receive chemical castration treatment. |
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| 54 | 54 | | SECTION 3. Chapter 38, Penal Code, is amended by adding |
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| 55 | 55 | | Section 38.116 to read as follows: |
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| 56 | 56 | | Sec. 38.116. REFUSAL TO UNDERGO REQUIRED CHEMICAL |
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| 57 | 57 | | CASTRATION TREATMENT. (a) A person commits an offense if the |
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| 58 | 58 | | person: |
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| 59 | 59 | | (1) is required to undergo chemical castration |
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| 60 | 60 | | treatment as a condition of release on parole under Section |
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| 61 | 61 | | 508.1863, Government Code; and |
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| 62 | 62 | | (2) refuses to undergo the treatment. |
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| 63 | 63 | | (b) An offense under this section is a felony of the third |
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| 64 | 64 | | degree. |
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| 65 | 65 | | SECTION 4. As soon as practicable after the effective date |
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| 66 | 66 | | of this Act, the Board of Pardons and Paroles shall adopt the rules |
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| 67 | 67 | | and procedures required by Section 508.1863, Government Code, as |
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| 68 | 68 | | added by this Act. |
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| 69 | 69 | | SECTION 5. The change in law made by this Act applies only |
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| 70 | 70 | | to a person who is released on parole for an offense committed on or |
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| 71 | 71 | | after the effective date of this Act. A person who is released on |
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| 72 | 72 | | parole for an offense committed before the effective date of this |
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| 73 | 73 | | Act is governed by the law in effect on the date the offense was |
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| 74 | 74 | | committed, and the former law is continued in effect for that |
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| 75 | 75 | | purpose. For purposes of this section, an offense was committed |
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| 76 | 76 | | before the effective date of this Act if any element of the offense |
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| 77 | 77 | | occurred before that date. |
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| 78 | 78 | | SECTION 6. This Act takes effect September 1, 2025. |
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