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. |
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______________________________ | ______________________________ |
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. |
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______________________________ |
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. |
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______________________________ |
Chief Clerk of the House |
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Approved: |
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______________________________ |
Date |
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______________________________ |
Governor |