Bill Text: TX SB906 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the civil commitment of sexually violent predators.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-08 - Effective on 9/1/21 [SB906 Detail]

Download: Texas-2021-SB906-Enrolled.html

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S.B. No. 906

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