89R4411 MCF-D
By: Cain H.B. No. 2538
A BILL TO BE ENTITLED
AN ACT
relating to chemical castration treatment as a condition of parole
for certain releasees; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 508, Government Code, is
amended by adding Section 508.14105 to read as follows:
Sec. 508.14105. CHEMICAL CASTRATION TREATMENT REQUIRED
BEFORE RELEASE OF CERTAIN INMATES ON PAROLE. (a) This section
applies only to an inmate serving a sentence for an offense under
Section 22.021(a)(2)(B), Penal Code, who has not received an
orchiectomy under Section 501.061.
(b) Notwithstanding any other law, a parole panel may not
release an inmate on parole unless the inmate has received chemical
castration treatment, as defined by Section 508.1863, at least 30
days before the date the inmate is scheduled to be released on
parole.
SECTION 2. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.1863 to read as follows:
Sec. 508.1863. CHEMICAL CASTRATION TREATMENT. (a) In this
section, "chemical castration treatment" means the ongoing
provision of a puberty-blocking drug to reduce, inhibit, or block
the production of testosterone or other hormones or chemicals in a
person's body.
(b) A parole panel shall require as a condition of release
on parole that a releasee undergo chemical castration treatment if
the releasee:
(1) is serving a sentence for an offense under Section
22.021(a)(2)(B), Penal Code; and
(2) has not received an orchiectomy under Section
501.061.
(c) Except as provided by Subsection (d), the releasee must
pay for all costs associated with receiving chemical castration
treatment.
(d) On request of a releasee, the board shall determine
whether the releasee is indigent and shall waive the costs
associated with undergoing chemical castration treatment if the
board determines that the releasee is not capable of paying the
costs associated with the treatment in the foreseeable future. The
board may review its prior determination to waive costs under this
subsection at any point during the releasee's period of parole and
may require the releasee to begin or resume paying the costs of the
treatment if the board determines that the releasee is no longer
indigent.
(e) The board shall adopt rules and procedures necessary to
implement this section, including rules establishing the frequency
with which a releasee must receive chemical castration treatment.
SECTION 3. Chapter 38, Penal Code, is amended by adding
Section 38.116 to read as follows:
Sec. 38.116. REFUSAL TO UNDERGO REQUIRED CHEMICAL
CASTRATION TREATMENT. (a) A person commits an offense if the
person:
(1) is required to undergo chemical castration
treatment as a condition of release on parole under Section
508.1863, Government Code; and
(2) refuses to undergo the treatment.
(b) An offense under this section is a felony of the third
degree.
SECTION 4. As soon as practicable after the effective date
of this Act, the Board of Pardons and Paroles shall adopt the rules
and procedures required by Section 508.1863, Government Code, as
added by this Act.
SECTION 5. The change in law made by this Act applies only
to a person who is released on parole for an offense committed on or
after the effective date of this Act. A person who is released on
parole for an offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 6. This Act takes effect September 1, 2025.