| AN ACT |
| relating to the civil commitment of sexually violent predators. |
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
| SECTION 1. Article 62.055, Code of Criminal Procedure, is |
| amended by amending Subsection (a) and adding Subsection (j) to |
| read as follows: |
| (a) If a person, other than a person described by Subsection |
| (j), required to register under this chapter intends to change |
| address, regardless of whether the person intends to move to |
| another state, the person shall, not later than the seventh day |
| before the intended change, report in person to the local law |
| enforcement authority designated as the person’s primary |
| registration authority by the department and to the juvenile |
| probation officer, community supervision and corrections |
| department officer, or parole officer supervising the person and |
| provide the authority and the officer with the person’s anticipated |
| move date and new address. If a person, other than a person |
| described by Subsection (j), required to register changes address, |
| the person shall, not later than the later of the seventh day after |
| changing the address or the first date the applicable local law |
| enforcement authority by policy allows the person to report, report |
| in person to the local law enforcement authority in the |
| municipality or county in which the person’s new residence is |
| located and provide the authority with proof of identity and proof |
| of residence. |
| (j) The Texas Civil Commitment Office shall report a change |
| in address to each local law enforcement authority serving as the |
| current or proposed primary registration authority for a person |
| required to register under this chapter who is: |
| (1) civilly committed as a sexually violent predator |
| under Chapter 841, Health and Safety Code; and |
| (2) required to reside in a location other than a civil |
| commitment center by: |
| (A) a court under Chapter 574, Health and Safety |
| Code; or |
| (B) the Texas Civil Commitment Office. |
| SECTION 2. Section 841.041, Health and Safety Code, is |
| amended to read as follows: |
| Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. (a) If a |
| person is referred to the attorney representing the state under |
Section 841.023, the attorney may file[, in the court of conviction |
for the person’s most recent sexually violent offense,] a petition |
| alleging that the person is a sexually violent predator and stating |
| facts sufficient to support the allegation. |
| (b) A petition described by Subsection (a) must be: |
| (1) filed in a district court in the county of the |
| person’s most recent conviction for a sexually violent offense; |
| (2) filed not later than the 90th day after the date |
| the person is referred to the attorney representing the state; and |
(3) [(2)] served on the person as soon as practicable |
| after the date the petition is filed. |
| (c) To the extent feasible, in filing the petition in a |
| district court described by Subsection (b)(1), the attorney |
| representing the state shall give preference to filing the petition |
| in the applicable court of conviction. |
| SECTION 3. Section 841.061, Health and Safety Code, is |
| amended by amending Subsections (a), (c), (d), and (f) and adding |
| Subsection (h) to read as follows: |
(a) The judge shall commence [conduct] a trial to determine |
| whether the person is a sexually violent predator: |
| (1) except as provided by Section 841.063, 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 unless the judge determines that a delay is necessary in the |
| due administration of justice. |
| (c) The person and the state are each entitled to an |
immediate clinical interview [examination] of the person by an |
expert. All components of the clinical interview [examination] |
| must be completed not later than the 90th day before the date the |
| trial begins. |
| (d) Additional rights of the person at the trial include the |
| following: |
| (1) the right to appear at the trial; |
| (2) the right to waive the right to appear at the trial |
| and appear through the person’s attorney; |
| (3) except as provided by Subsection (f), the right to |
| present evidence on the person’s behalf; |
(4) [(3)] the right to cross-examine a witness who |
| testifies against the person; and |
(5) [(4)] the right to view and copy all petitions and |
| reports in the court file. |
| (f) A person who is on trial to determine the person’s |
| status as a sexually violent predator is required to submit to all |
expert clinical interviews [examinations] that are required or |
| permitted of the state to prepare for the person’s trial. A person |
who fails to submit to a clinical interview [expert examination] on |
| the state’s behalf as required by this subsection is subject to the |
| following consequences: |
| (1) the person’s failure to participate may be used as |
| evidence against the person at trial; |
| (2) the person may be prohibited from offering into |
evidence the results of a clinical interview [an expert |
examination] performed on the person’s behalf; and |
| (3) the person may be subject to contempt proceedings |
| if the person violates a court order by failing to submit to a |
clinical interview [an expert examination] on the state’s behalf. |
| (h) Notwithstanding any other provision in this subchapter, |
| the person may appear at the trial through the use of remote |
| technology, including teleconference and videoconference |
| technology. |
| SECTION 4. Section 841.062, Health and Safety Code, is |
| amended to read as follows: |
| Sec. 841.062. DETERMINATION OF PREDATOR STATUS. (a) The |
| judge or jury shall determine whether, beyond a reasonable doubt, |
| the person is a sexually violent predator. Either the state or the |
| person is entitled to appeal the determination and to a retrial if |
| an appellate court remands the case to the trial court for a new |
| trial. |
| (b) A jury determination in a civil commitment proceeding |
[that the person is a sexually violent predator] must be by |
| unanimous verdict. If one or two of the 12 jurors have been |
| discharged and there are no alternate jurors to be seated, the |
| remaining jurors may render a verdict. If fewer than 12 jurors |
| render a verdict, the verdict must be signed by each juror rendering |
| the verdict. |
| SECTION 5. Section 841.063(b), Health and Safety Code, is |
| amended to read as follows: |
| (b) The judge may not continue a trial conducted under this |
| chapter to a date occurring later than the person’s sentence |
| discharge date unless the judge determines that a continuance is |
| necessary in the due administration of justice. |
| SECTION 6. Section 841.064, Health and Safety Code, is |
| amended to read as follows: |
Sec. 841.064. RETRIAL [MISTRIAL]. (a) A trial following a |
mistrial must commence [begin] not later than the 90th day after the |
| date a mistrial was declared in the previous trial, unless the later |
| trial is continued as provided by Section 841.063. |
| (b) If an appellate court remands the case to the trial |
| court for a new trial, the judge shall commence the retrial not |
| later than the 90th day after the date the appellate court remanded |
| the case. The retrial may be continued as provided by Section |
| 841.063. |
| SECTION 7. Sections 841.0834(b) and (d), Health and Safety |
| Code, are amended to read as follows: |
| (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. A committed person who files a petition under this |
| subsection shall serve a copy of the petition on the office. |
(d) Not later than the 90th day after the date a [A] |
| committed person is returned to a more restrictive setting under |
| Subsection (c), the committing court shall hold a hearing via |
videoconference to [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 by clear and |
| convincing evidence that the office’s determination was not made in |
| accordance with Subsection (c). The committed person may waive the |
| right to a hearing under this subsection. |
| SECTION 8. Section 841.0837, Health and Safety Code, is |
| amended to read as follows: |
Sec. 841.0837. EMERGENCY DETENTION ORDER. The [(a) In this |
section, “peace officer” has the meaning assigned by Article 2.12, |
Code of Criminal Procedure. |
[(b) For the purpose of returning a committed person to a |
more restrictive setting following a transfer to less restrictive |
housing and supervision under Section 841.0834 or a release under |
Section 841.0836, the] office may issue an emergency detention |
order for a committed [the] person’s immediate apprehension and |
transportation to an office-designated [a] location for the purpose |
| of: |
| (1) returning the person to a more restrictive setting |
| following: |
| (A) a transfer to less restrictive housing and |
| supervision under Section 841.0834; or |
| (B) a release under Section 841.0836; or |
| (2) for a recently committed person who is not in the |
| custody of the Texas Department of Criminal Justice at the time the |
| commitment order is entered, bringing the person under the |
supervision of [designated by] the office. |
| SECTION 9. Section 841.084, Health and Safety Code, is |
| amended by adding Subsection (c) to read as follows: |
| (c) A committed person, on request, shall provide to the |
| office any financial records or other information regarding the |
| person’s income, assets, and expenses to assist the office in |
| determining whether the person is indigent for purposes of this |
| section. |
| SECTION 10. Section 841.146(a), Health and Safety Code, is |
| amended to read as follows: |
| (a) On request, a person subject to a civil commitment |
| proceeding under this chapter and the attorney representing the |
| state are entitled to a jury trial or a hearing before a jury for |
| that proceeding, except for a proceeding set by the judge under |
| Section 841.102(c)(1). The jury shall consist of 12 qualified |
| jurors. The judge may direct that not more than four jurors in |
| addition to the regular jury be called and impaneled to sit as |
| alternate jurors. Each party is entitled to 10 peremptory |
| challenges to the 12 qualified jurors and one peremptory challenge |
to the qualified alternate jurors [The number and selection of |
jurors are governed by Chapter 33, Code of Criminal Procedure]. |
| SECTION 11. Section 841.151, Health and Safety Code, is |
| amended by amending Subsection (c) and adding Subsection (c-1) to |
| read as follows: |
(c) Except as provided by Subsection (c-1), as [As] soon as |
| practicable before, but not later than the third business 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. |
| (c-1) Subsection (c) does not apply with respect to a person |
| whom a court orders to be immediately released from a correctional |
| facility, secure correctional facility, or secure detention |
| facility. |
| SECTION 12. Section 841.0834(e), Health and Safety Code, is |
| repealed. |
| SECTION 13. (a) Except as otherwise provided by 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. |
| (b) Section 841.0834, Health and Safety Code, as amended by |
| this Act, applies only to a petition for transfer that is filed or |
| to a return to a more restrictive setting that occurs on or after |
| the effective date of this Act. A petition filed or a return that |
| occurs before the effective date of this Act is governed by the law |
| in effect on the date the petition was filed or the return occurred, |
| and the former law is continued in effect for that purpose. |
| (c) Section 841.151, Health and Safety Code, as amended by |
| this Act, applies only to the release of a committed person that |
| occurs on or after the effective date of this Act. The release of a |
| committed person that occurs before the effective date of this Act |
| is governed by the law in effect on the date the person was |
| released, and the former law is continued in effect for that |
| purpose. |
| SECTION 14. This Act takes effect September 1, 2021. |
|
|
| ______________________________ | ______________________________ |
| President of the Senate | Speaker of the House |
| I hereby certify that S.B. No. 906 passed the Senate on |
| April 23, 2021, by the following vote: Yeas 31, Nays 0; and that |
| the Senate concurred in House amendment on May 27, 2021, by the |
| following vote: Yeas 31, Nays 0. |
|
| ______________________________ |
| Secretary of the Senate |
| I hereby certify that S.B. No. 906 passed the House, with |
| amendment, on May 11, 2021, by the following vote: Yeas 143, |
| Nays 0, two present not voting. |
|
| ______________________________ |
| Chief Clerk of the House |
|
| Approved: |
|
| ______________________________ |
| Date |
|
|
| ______________________________ |
| Governor |
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