Bill Text: TX SB1576 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the civil commitment of sexually violent predators, the operation of the Texas Civil Commitment Office, and certain related offenses; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-05-18 - Effective on 9/1/17 [SB1576 Detail]
Download: Texas-2017-SB1576-Enrolled.html
S.B. No. 1576 |
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relating to the civil commitment of sexually violent predators, the | ||
operation of the Texas Civil Commitment Office, and certain related | ||
offenses; increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 30.010, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 30.010. PERSONAL IDENTIFYING INFORMATION PRIVILEGED | ||
FROM DISCOVERY BY INMATE OR COMMITTED PERSON. | ||
SECTION 2. Sections 30.010(a) and (b), Civil Practice and | ||
Remedies Code, are amended to read as follows: | ||
(a) Personal identifying information pertaining to an | ||
individual, including the individual's home address, home | ||
telephone number, and social security account number, is privileged | ||
from discovery by an individual who is imprisoned or confined in any | ||
correctional facility or civilly committed as a sexually violent | ||
predator under Chapter 841, Health and Safety Code, if the | ||
individual to whom the information pertains is: | ||
(1) an employee of any correctional facility; [ |
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(2) an officer or employee of the Texas Civil | ||
Commitment Office or a person who contracts with the office to | ||
perform a service or an employee of that person; or | ||
(3) related within the first degree by consanguinity | ||
or affinity to an individual described by Subdivision (1) or (2) | ||
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(b) Personal identifying information that is privileged | ||
under this section may be discovered by an individual who is | ||
imprisoned or confined in a correctional facility or civilly | ||
committed as a sexually violent predator under Chapter 841, Health | ||
and Safety Code, only if: | ||
(1) the incarcerated individual or committed person | ||
shows good cause to the court for the discovery of the information; | ||
and | ||
(2) the court renders an order that authorizes | ||
discovery of the information. | ||
SECTION 3. Article 2.13, Code of Criminal Procedure, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) On a request made by that office, a peace officer shall | ||
execute an emergency detention order issued by the Texas Civil | ||
Commitment Office under Section 841.0837, Health and Safety Code. | ||
SECTION 4. Article 17.03, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) Except as provided by Subsection (b) or (b-1) [ |
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the defendant on [ |
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security. | ||
(b-1) A magistrate may not release on personal bond a | ||
defendant who, at the time of the commission of the charged offense, | ||
is civilly committed as a sexually violent predator under Chapter | ||
841, Health and Safety Code. | ||
SECTION 5. Article 62.202, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) Notwithstanding Article 62.058, if an individual | ||
subject to registration under this chapter is civilly committed as | ||
a sexually violent predator, the person shall report to the local | ||
law enforcement authority designated as the person's primary | ||
registration authority by the department to verify the information | ||
in the registration form maintained by the authority for that | ||
person as follows: | ||
(1) if the person resides at a civil commitment | ||
center, not less than once each year; or | ||
(2) if the person does not reside at a civil commitment | ||
center, not less than once in each 30-day period following: | ||
(A) the date the person first registered under | ||
this chapter; or | ||
(B) if applicable, the date the person moved from | ||
the center [ |
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(a-1) For purposes of Subsection (a)(2) [ |
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a person complies with a requirement that the person register | ||
within a 30-day period following a date if the person registers at | ||
any time on or after the 27th day following that date but before the | ||
33rd day after that date. | ||
SECTION 6. Subchapter E, Chapter 62, Code of Criminal | ||
Procedure, is amended by adding Article 62.2021 to read as follows: | ||
Art. 62.2021. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR | ||
PERSONAL IDENTIFICATION CERTIFICATE: INDIVIDUALS RESIDING AT | ||
CIVIL COMMITMENT CENTER. (a) Notwithstanding Article 62.060(b), | ||
a person subject to registration who is civilly committed as a | ||
sexually violent predator and resides at a civil commitment center | ||
shall renew the person's department-issued driver's license or | ||
personal identification certificate as prescribed by Section | ||
521.103, 521.272, or 522.033, Transportation Code, as applicable. | ||
(b) On the date that a person described by Subsection (a) no | ||
longer resides at a civil commitment center, the person is required | ||
to renew a driver's license or personal identification certificate | ||
only as provided by Article 62.060(b). | ||
SECTION 7. Section 411.0765(b), Government Code, is amended | ||
to read as follows: | ||
(b) A criminal justice agency may disclose criminal history | ||
record information that is the subject of an order of nondisclosure | ||
of criminal history record information under this subchapter to the | ||
following noncriminal justice agencies or entities only: | ||
(1) the State Board for Educator Certification; | ||
(2) a school district, charter school, private school, | ||
regional education service center, commercial transportation | ||
company, or education shared service arrangement; | ||
(3) the Texas Medical Board; | ||
(4) the Texas School for the Blind and Visually | ||
Impaired; | ||
(5) the Board of Law Examiners; | ||
(6) the State Bar of Texas; | ||
(7) a district court regarding a petition for name | ||
change under Subchapter B, Chapter 45, Family Code; | ||
(8) the Texas School for the Deaf; | ||
(9) the Department of Family and Protective Services; | ||
(10) the Texas Juvenile Justice Department; | ||
(11) the Department of Assistive and Rehabilitative | ||
Services; | ||
(12) the Department of State Health Services, a local | ||
mental health service, a local intellectual and developmental | ||
disability authority, or a community center providing services to | ||
persons with mental illness or intellectual or developmental | ||
disabilities; | ||
(13) the Texas Private Security Board; | ||
(14) a municipal or volunteer fire department; | ||
(15) the Texas Board of Nursing; | ||
(16) a safe house providing shelter to children in | ||
harmful situations; | ||
(17) a public or nonprofit hospital or hospital | ||
district, or a facility as defined by Section 250.001, Health and | ||
Safety Code; | ||
(18) the securities commissioner, the banking | ||
commissioner, the savings and mortgage lending commissioner, the | ||
consumer credit commissioner, or the credit union commissioner; | ||
(19) the Texas State Board of Public Accountancy; | ||
(20) the Texas Department of Licensing and Regulation; | ||
(21) the Health and Human Services Commission; | ||
(22) the Department of Aging and Disability Services; | ||
(23) the Texas Education Agency; | ||
(24) the Judicial Branch Certification Commission; | ||
(25) a county clerk's office in relation to a | ||
proceeding for the appointment of a guardian under Title 3, Estates | ||
Code; | ||
(26) the Department of Information Resources but only | ||
regarding an employee, applicant for employment, contractor, | ||
subcontractor, intern, or volunteer who provides network security | ||
services under Chapter 2059 to: | ||
(A) the Department of Information Resources; or | ||
(B) a contractor or subcontractor of the | ||
Department of Information Resources; | ||
(27) the Texas Department of Insurance; | ||
(28) the Teacher Retirement System of Texas; | ||
(29) the Texas State Board of Pharmacy; | ||
(30) the Texas Civil Commitment Office; | ||
(31) a bank, savings bank, savings and loan | ||
association, credit union, or mortgage banker, a subsidiary or | ||
affiliate of those entities, or another financial institution | ||
regulated by a state regulatory entity listed in Subdivision (18) | ||
or by a corresponding federal regulatory entity, but only regarding | ||
an employee, contractor, subcontractor, intern, or volunteer of or | ||
an applicant for employment by that bank, savings bank, savings and | ||
loan association, credit union, mortgage banker, subsidiary or | ||
affiliate, or financial institution; and | ||
(32) [ |
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handles or has the capability of handling, transporting, storing, | ||
processing, manufacturing, or controlling hazardous, explosive, | ||
combustible, or flammable materials, if: | ||
(A) the facility is critical infrastructure, as | ||
defined by 42 U.S.C. Section 5195c(e), or the employer is required | ||
to submit to a risk management plan under Section 112(r) of the | ||
federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and | ||
(B) the information concerns an employee, | ||
applicant for employment, contractor, or subcontractor whose | ||
duties involve or will involve the handling, transporting, storing, | ||
processing, manufacturing, or controlling hazardous, explosive, | ||
combustible, or flammable materials and whose background is | ||
required to be screened under a federal provision described by | ||
Paragraph (A). | ||
SECTION 8. Sections 411.1389(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The Texas Civil Commitment Office is entitled to obtain | ||
from the department criminal history record information that is | ||
maintained by the department and that relates to a person who: | ||
(1) has applied with the office to be: | ||
(A) [ |
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(B) [ |
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office; or | ||
(2) seeks the office's approval to act as a contact or | ||
chaperone for a person who is civilly committed as a sexually | ||
violent predator under Chapter 841, Health and Safety Code. | ||
(c) The Texas Civil Commitment Office shall destroy | ||
criminal history record information obtained under Subsection (a) | ||
as soon as practicable after the date on which, as applicable: | ||
(1) the person's employment or contract with the | ||
office terminates; [ |
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(2) the office decides not to employ or contract with | ||
the person; or | ||
(3) the office determines whether the person is | ||
suitable as a contact or chaperone for a person who is civilly | ||
committed as a sexually violent predator under Chapter 841, Health | ||
and Safety Code. | ||
SECTION 9. Section 420A.002(c), Government Code, is amended | ||
to read as follows: | ||
(c) Members of the board serve staggered six-year | ||
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year. | ||
SECTION 10. Section 420A.003, Government Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) The presiding officer shall select a member of the | ||
board as an assistant presiding officer and may create board | ||
committees. | ||
SECTION 11. Section 420A.011, Government Code, is amended | ||
to read as follows: | ||
Sec. 420A.011. ADMINISTRATIVE ATTACHMENT; SUPPORT. | ||
(a) The office is administratively attached to the Health and | ||
Human Services Commission [ |
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(b) The Health and Human Services Commission [ |
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services, including human resources, budgetary, accounting, | ||
purchasing, payroll, information technology, and legal support | ||
services, to the office as necessary to carry out the purposes of | ||
this chapter. | ||
(c) The office, in accordance with the rules and procedures | ||
of the Legislative Budget Board, shall prepare, approve, and submit | ||
a legislative appropriations request that is separate from the | ||
legislative appropriations request for the Health and Human | ||
Services Commission [ |
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used to develop the office's budget structure. The office shall | ||
maintain the office's legislative appropriations request and | ||
budget structure separately from those of the commission | ||
[ |
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SECTION 12. Section 552.117(a), Government Code, is amended | ||
to read as follows: | ||
(a) Information is excepted from the requirements of | ||
Section 552.021 if it is information that relates to the home | ||
address, home telephone number, emergency contact information, or | ||
social security number of the following person or that reveals | ||
whether the person has family members: | ||
(1) a current or former official or employee of a | ||
governmental body, except as otherwise provided by Section 552.024; | ||
(2) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure, or a security officer commissioned under | ||
Section 51.212, Education Code, regardless of whether the officer | ||
complies with Section 552.024 or 552.1175, as applicable; | ||
(3) a current or former employee of the Texas | ||
Department of Criminal Justice or of the predecessor in function of | ||
the department or any division of the department, regardless of | ||
whether the current or former employee complies with Section | ||
552.1175; | ||
(4) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure, or other law, a reserve law enforcement | ||
officer, a commissioned deputy game warden, or a corrections | ||
officer in a municipal, county, or state penal institution in this | ||
state who was killed in the line of duty, regardless of whether the | ||
deceased complied with Section 552.024 or 552.1175; | ||
(5) a commissioned security officer as defined by | ||
Section 1702.002, Occupations Code, regardless of whether the | ||
officer complies with Section 552.024 or 552.1175, as applicable; | ||
(6) an officer or employee of a community supervision | ||
and corrections department established under Chapter 76 who | ||
performs a duty described by Section 76.004(b), regardless of | ||
whether the officer or employee complies with Section 552.024 or | ||
552.1175; | ||
(7) a current or former employee of the office of the | ||
attorney general who is or was assigned to a division of that office | ||
the duties of which involve law enforcement, regardless of whether | ||
the current or former employee complies with Section 552.024 or | ||
552.1175; | ||
(8) a current or former employee of the Texas Juvenile | ||
Justice Department or of the predecessors in function of the | ||
department, regardless of whether the current or former employee | ||
complies with Section 552.024 or 552.1175; | ||
(9) a current or former juvenile probation or | ||
supervision officer certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code, regardless of whether the | ||
current or former officer complies with Section 552.024 or | ||
552.1175; | ||
(10) a current or former employee of a juvenile | ||
justice program or facility, as those terms are defined by Section | ||
261.405, Family Code, regardless of whether the current or former | ||
employee complies with Section 552.024 or 552.1175; [ |
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(11) a current or former member of the Texas military | ||
forces, as that term is defined by Section 437.001; or | ||
(12) a current or former employee of the Texas Civil | ||
Commitment Office or of the predecessor in function of the office or | ||
a division of the office, regardless of whether the current or | ||
former employee complies with Section 552.024 or 552.1175. | ||
SECTION 13. The heading to Section 552.1175, Government | ||
Code, is amended to read as follows: | ||
Sec. 552.1175. CONFIDENTIALITY OF CERTAIN PERSONAL | ||
IDENTIFYING INFORMATION OF PEACE OFFICERS, COUNTY JAILERS, | ||
SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR CERTAIN | ||
CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND FEDERAL AND | ||
STATE JUDGES. | ||
SECTION 14. Section 552.1175(a), Government Code, is | ||
amended to read as follows: | ||
(a) This section applies only to: | ||
(1) peace officers as defined by Article 2.12, Code of | ||
Criminal Procedure; | ||
(2) county jailers as defined by Section 1701.001, | ||
Occupations Code; | ||
(3) current or former employees of the Texas | ||
Department of Criminal Justice or of the predecessor in function of | ||
the department or any division of the department; | ||
(4) commissioned security officers as defined by | ||
Section 1702.002, Occupations Code; | ||
(5) employees of a district attorney, criminal | ||
district attorney, or county or municipal attorney whose | ||
jurisdiction includes any criminal law or child protective services | ||
matters; | ||
(6) officers and employees of a community supervision | ||
and corrections department established under Chapter 76 who perform | ||
a duty described by Section 76.004(b); | ||
(7) criminal investigators of the United States as | ||
described by Article 2.122(a), Code of Criminal Procedure; | ||
(8) police officers and inspectors of the United | ||
States Federal Protective Service; | ||
(9) current and former employees of the office of the | ||
attorney general who are or were assigned to a division of that | ||
office the duties of which involve law enforcement; | ||
(10) current or former juvenile probation and | ||
detention officers certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code; | ||
(11) current or former employees of a juvenile justice | ||
program or facility, as those terms are defined by Section 261.405, | ||
Family Code; | ||
(12) current or former employees of the Texas Juvenile | ||
Justice Department or the predecessors in function of the | ||
department; [ |
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(13) federal judges and state judges as defined by | ||
Section 13.0021, Election Code; and | ||
(14) current or former employees of the Texas Civil | ||
Commitment Office or of the predecessor in function of the office or | ||
a division of the office. | ||
SECTION 15. Section 572.032(a-1), Government Code, is | ||
amended to read as follows: | ||
(a-1) Before permitting a member of the public to view a | ||
financial statement filed under this subchapter or providing a copy | ||
of the statement to a member of the public, the [ |
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shall remove [ |
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(1) a judge or justice [ |
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(2) a member of the governing board or executive head | ||
of the Texas Civil Commitment Office [ |
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SECTION 16. Sections 841.082(a), (d), and (e), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) Before entering an order directing a person's civil | ||
commitment, the judge shall impose on the person requirements | ||
necessary to ensure the person's compliance with treatment and | ||
supervision and to protect the community. The requirements shall | ||
include: | ||
(1) requiring the person to reside where instructed by | ||
the office; | ||
(2) prohibiting the person's contact with a victim of | ||
the person; | ||
(3) requiring the person's participation in and | ||
compliance with the sex offender treatment program provided by the | ||
office and compliance with all written requirements imposed by the | ||
office; | ||
(4) requiring the person to submit to appropriate | ||
supervision and: | ||
(A) submit to tracking under a particular type of | ||
tracking service, if the person: | ||
(i) while residing at a civil commitment | ||
center, leaves the center for any reason; | ||
(ii) is in one of the two most restrictive | ||
tiers of treatment, as determined by the office; | ||
(iii) is on disciplinary status, as | ||
determined by the office; or | ||
(iv) resides in the community [ |
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(B) if required to submit to tracking under | ||
Paragraph (A), refrain from tampering with, altering, modifying, | ||
obstructing, removing, or manipulating the tracking equipment; and | ||
(5) prohibiting the person from leaving the state | ||
without prior authorization from the office. | ||
(d) The committing court retains jurisdiction of the case | ||
with respect to a proceeding conducted under this subchapter, other | ||
than a criminal proceeding involving an offense under Section | ||
841.085, or to a civil commitment proceeding conducted under | ||
Subchapters F and G. | ||
(e) The requirements imposed under Subsection (a) may be | ||
modified by the committing court at any time after notice to each | ||
affected party to the proceedings and a hearing. | ||
SECTION 17. Section 841.0832(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The office shall designate all or part of a facility | ||
under Subsection (a) to serve as an intake and orientation facility | ||
for committed persons on release from a secure correctional | ||
facility. | ||
SECTION 18. Section 841.0833, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 841.0833. SECURITY AND MONITORING; CONFIDENTIALITY. | ||
(a) The office shall develop procedures for the security and | ||
monitoring of committed persons in each programming tier. | ||
(b) Information regarding the security and monitoring | ||
procedures developed under Subsection (a) is confidential and not | ||
subject to disclosure under Chapter 552, Government Code. | ||
SECTION 19. Section 841.0834, Health and Safety Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) A committed person who files a petition under this | ||
section shall serve a copy of the petition on the office. | ||
SECTION 20. Section 841.0836, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 841.0836. RELEASE FROM HOUSING. (a) A committed | ||
person released from housing operated by or under contract with the | ||
office shall be released to: | ||
(1) the county in which the person was most recently | ||
convicted of a sexually violent offense; or | ||
(2) if the county described by Subdivision (1) does | ||
not provide adequate opportunities for the person's treatment and | ||
for the person's housing or other supervision, as determined by the | ||
office, a county designated by the office. | ||
(b) The office may require a committed person released to a | ||
county under Subsection (a)(2) to change the person's residence to | ||
the county described by Subsection (a)(1) if the office determines | ||
that adequate opportunities for the person's treatment and for the | ||
person's housing or other supervision become available in that | ||
county. | ||
SECTION 21. Subchapter E, Chapter 841, Health and Safety | ||
Code, is amended by adding Sections 841.0837 and 841.0838 to read as | ||
follows: | ||
Sec. 841.0837. EMERGENCY DETENTION ORDER. (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 the person's immediate apprehension and transportation to a | ||
location designated by the office. | ||
Sec. 841.0838. USE OF RESTRAINTS. (a) An employee of the | ||
office, or a person who contracts with the office or an employee of | ||
that person, may use mechanical or chemical restraints on a | ||
committed person residing in a civil commitment center or while | ||
transporting a committed person who resides at the center only if: | ||
(1) the employee or person completes a training | ||
program approved by the office on the use of restraints that: | ||
(A) includes instruction on the office's | ||
approved restraint techniques and devices and the office's verbal | ||
de-escalation policies, procedures, and practices; and | ||
(B) requires the employee or person to | ||
demonstrate competency in the use of the restraint techniques and | ||
devices; and | ||
(2) the restraint is: | ||
(A) used as a last resort; | ||
(B) necessary to stop or prevent: | ||
(i) imminent physical injury to the | ||
committed person or another; | ||
(ii) threatening behavior by the committed | ||
person while the person is using or exhibiting a weapon; | ||
(iii) a disturbance by a group of committed | ||
persons; or | ||
(iv) an absconsion from the center; and | ||
(C) the least restrictive restraint necessary, | ||
used for the minimum duration necessary, to prevent the injury, | ||
property damage, or absconsion. | ||
(b) The office shall develop procedures governing the use of | ||
mechanical or chemical restraints on committed persons. | ||
SECTION 22. Section 841.084(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding Section 841.146(c), a civilly committed | ||
person who is not indigent: | ||
(1) is responsible for the cost of: | ||
(A) housing and treatment provided under this | ||
chapter; [ |
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(B) the tracking service required by Section | ||
841.082; and | ||
(C) repairs to or replacement of the tracking | ||
equipment required by Section 841.082, if the person intentionally | ||
caused the damage to or loss of the equipment, as determined by the | ||
office; and | ||
(2) [ |
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(A) a monthly [ |
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determines will be necessary to defray the cost of providing the | ||
housing, treatment, and service with respect to the person; and | ||
(B) as directed by the office, any amount for | ||
which the person is responsible under Subdivision (1)(C). | ||
SECTION 23. Section 841.085, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) On request of the local prosecuting attorney, the | ||
special prosecution unit may assist in the trial of an offense under | ||
this section. | ||
SECTION 24. Section 841.151(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) As soon as practicable before, but not [ |
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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. | ||
SECTION 25. Subchapter H, Chapter 841, Health and Safety | ||
Code, is amended by adding Sections 841.152 and 841.153 to read as | ||
follows: | ||
Sec. 841.152. CERTAIN HEARINGS BY CLOSED-CIRCUIT VIDEO | ||
TELECONFERENCING PERMITTED. (a) Notwithstanding Section | ||
841.103(c), on motion by the attorney representing the state, the | ||
court shall require a committed person to appear via closed-circuit | ||
video teleconferencing at a hearing on the modification of civil | ||
commitment requirements under Section 841.082 or a hearing under | ||
Subchapter F or G. | ||
(b) A recording of a hearing conducted as provided by | ||
Subsection (a) shall be made and preserved with the court's record | ||
of the hearing. | ||
Sec. 841.153. STATE-ISSUED IDENTIFICATION; NECESSARY | ||
DOCUMENTATION. (a) On the release of a committed person from a | ||
correctional facility, secure correctional facility, or secure | ||
detention facility, as those terms are defined by Section 841.151, | ||
the office shall: | ||
(1) determine whether the person has: | ||
(A) a valid license issued under Chapter 521 or | ||
522, Transportation Code; or | ||
(B) a valid personal identification certificate | ||
issued under Chapter 521, Transportation Code; and | ||
(2) if the person does not have a valid license or | ||
certificate described by Subdivision (1), submit to the Department | ||
of Public Safety on behalf of the person a request for the issuance | ||
of a personal identification certificate under Chapter 521, | ||
Transportation Code. | ||
(b) The office shall submit a request under Subsection | ||
(a)(2) as soon as practicable. | ||
(c) The office, the Department of Public Safety, and the | ||
vital statistics unit of the Department of State Health Services by | ||
rule shall adopt a memorandum of understanding that establishes | ||
their respective responsibilities with respect to the issuance of a | ||
personal identification certificate to a committed person, | ||
including responsibilities related to verification of the person's | ||
identity. The memorandum of understanding must require the | ||
Department of State Health Services to electronically verify the | ||
birth record of a committed person whose name and any other personal | ||
information is provided by the office and to electronically report | ||
the recorded filing information to the Department of Public Safety | ||
to validate the identity of a committed person under this section. | ||
(d) The office shall reimburse the Department of Public | ||
Safety or the Department of State Health Services, as applicable, | ||
for the actual costs incurred by those agencies in performing | ||
responsibilities established under this section. The office may | ||
charge a committed person for the actual costs incurred under this | ||
section or for the fees required by Section 521.421, Transportation | ||
Code. | ||
SECTION 26. Section 1.07(a), Penal Code, is amended by | ||
adding Subdivision (8-a) to read as follows: | ||
(8-a) "Civil commitment facility" means a facility | ||
owned, leased, or operated by the state, or by a vendor under | ||
contract with the state, that houses only persons who have been | ||
civilly committed as sexually violent predators under Chapter 841, | ||
Health and Safety Code. | ||
SECTION 27. Section 22.01, Penal Code, is amended by | ||
amending Subsections (b-1) and (f) and adding Subsection (b-2) to | ||
read as follows: | ||
(b-1) Notwithstanding Subsection (b), an offense under | ||
Subsection (a)(1) is a felony of the third degree if the offense is | ||
committed: | ||
(1) while the actor is committed to a civil commitment | ||
facility; and | ||
(2) against: | ||
(A) an officer or employee of the Texas Civil | ||
Commitment Office: | ||
(i) while the officer or employee is | ||
lawfully discharging an official duty at a civil commitment | ||
facility; or | ||
(ii) in retaliation for or on account of an | ||
exercise of official power or performance of an official duty by the | ||
officer or employee; or | ||
(B) a person who contracts with the state to | ||
perform a service in a civil commitment facility or an employee of | ||
that person: | ||
(i) while the person or employee is engaged | ||
in performing a service within the scope of the contract, if the | ||
actor knows the person or employee is authorized by the state to | ||
provide the service; or | ||
(ii) in retaliation for or on account of the | ||
person's or employee's performance of a service within the scope of | ||
the contract. | ||
(b-2) Notwithstanding Subsection (b)(2), an offense under | ||
Subsection (a)(1) is a felony of the second degree if: | ||
(1) the offense is committed against a person whose | ||
relationship to or association with the defendant is described by | ||
Section 71.0021(b), 71.003, or 71.005, Family Code; | ||
(2) it is shown on the trial of the offense that the | ||
defendant has been previously convicted of an offense under this | ||
chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a | ||
person whose relationship to or association with the defendant is | ||
described by Section 71.0021(b), 71.003, or 71.005, Family Code; | ||
and | ||
(3) the offense is committed by intentionally, | ||
knowingly, or recklessly impeding the normal breathing or | ||
circulation of the blood of the person by applying pressure to the | ||
person's throat or neck or by blocking the person's nose or mouth. | ||
(f) For the purposes of Subsections (b)(2)(A) and (b-2)(2) | ||
[ |
||
(1) a defendant has been previously convicted of an | ||
offense listed in those subsections committed against a person | ||
whose relationship to or association with the defendant is | ||
described by Section 71.0021(b), 71.003, or 71.005, Family Code, if | ||
the defendant was adjudged guilty of the offense or entered a plea | ||
of guilty or nolo contendere in return for a grant of deferred | ||
adjudication, regardless of whether the sentence for the offense | ||
was ever imposed or whether the sentence was probated and the | ||
defendant was subsequently discharged from community supervision; | ||
and | ||
(2) a conviction under the laws of another state for an | ||
offense containing elements that are substantially similar to the | ||
elements of an offense listed in those subsections is a conviction | ||
of the offense listed. | ||
SECTION 28. The heading to Section 22.11, Penal Code, is | ||
amended to read as follows: | ||
Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN [ |
||
FACILITIES; HARASSMENT OF PUBLIC SERVANT. | ||
SECTION 29. Sections 22.11(a) and (e), Penal Code, are | ||
amended to read as follows: | ||
(a) A person commits an offense if, with the intent to | ||
assault, harass, or alarm, the person: | ||
(1) while imprisoned or confined in a correctional or | ||
detention facility, causes another person to contact the blood, | ||
seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, | ||
any other person, or an animal; [ |
||
(2) while committed to a civil commitment facility, | ||
causes: | ||
(A) an officer or employee of the Texas Civil | ||
Commitment Office to contact the blood, seminal fluid, vaginal | ||
fluid, saliva, urine, or feces of the actor, any other person, or an | ||
animal: | ||
(i) while the officer or employee is | ||
lawfully discharging an official duty at a civil commitment | ||
facility; or | ||
(ii) in retaliation for or on account of an | ||
exercise of official power or performance of an official duty by the | ||
officer or employee; or | ||
(B) a person who contracts with the state to | ||
perform a service in the facility or an employee of that person to | ||
contact the blood, seminal fluid, vaginal fluid, saliva, urine, or | ||
feces of the actor, any other person, or an animal: | ||
(i) while the person or employee is engaged | ||
in performing a service within the scope of the contract, if the | ||
actor knows the person or employee is authorized by the state to | ||
provide the service; or | ||
(ii) in retaliation for or on account of the | ||
person's or employee's performance of a service within the scope of | ||
the contract; or | ||
(3) causes another person the actor knows to be a | ||
public servant to contact the blood, seminal fluid, vaginal fluid, | ||
saliva, urine, or feces of the actor, any other person, or an animal | ||
while the public servant is lawfully discharging an official duty | ||
or in retaliation or on account of an exercise of the public | ||
servant's official power or performance of an official duty. | ||
(e) For purposes of Subsection (a)(3) [ |
||
presumed to have known the person was a public servant if the person | ||
was wearing a distinctive uniform or badge indicating the person's | ||
employment as a public servant. | ||
SECTION 30. The heading to Section 38.11, Penal Code, is | ||
amended to read as follows: | ||
Sec. 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL | ||
OR CIVIL COMMITMENT FACILITY. | ||
SECTION 31. Sections 38.11(a), (b), (c), (d), (e), and (i), | ||
Penal Code, are amended to read as follows: | ||
(a) A person commits an offense if the person provides, or | ||
possesses with the intent to provide: | ||
(1) an alcoholic beverage, controlled substance, or | ||
dangerous drug to a person in the custody of a correctional facility | ||
or civil commitment facility, except on the prescription of a | ||
practitioner; | ||
(2) a deadly weapon to a person in the custody of a | ||
correctional facility or civil commitment facility; | ||
(3) a cellular telephone or other wireless | ||
communications device or a component of one of those devices to a | ||
person in the custody of a correctional facility; | ||
(4) money to a person confined in a correctional | ||
facility; or | ||
(5) a cigarette or tobacco product to a person | ||
confined in a correctional facility, except that if the facility is | ||
a local jail regulated by the Commission on Jail Standards, the | ||
person commits an offense only if providing the cigarette or | ||
tobacco product violates a rule or regulation adopted by the | ||
sheriff or jail administrator that: | ||
(A) prohibits the possession of a cigarette or | ||
tobacco product by a person confined in the jail; or | ||
(B) places restrictions on: | ||
(i) the possession of a cigarette or | ||
tobacco product by a person confined in the jail; or | ||
(ii) the manner in which a cigarette or | ||
tobacco product may be provided to a person confined in the jail. | ||
(b) A person commits an offense if the person takes an | ||
alcoholic beverage, controlled substance, or dangerous drug into a | ||
correctional facility or civil commitment facility. | ||
(c) A person commits an offense if the person takes a | ||
controlled substance or dangerous drug on property owned, used, or | ||
controlled by a correctional facility or civil commitment facility. | ||
(d) A person commits an offense if the person: | ||
(1) possesses a controlled substance or dangerous drug | ||
while in a correctional facility or civil commitment facility or on | ||
property owned, used, or controlled by a correctional facility or | ||
civil commitment facility; or | ||
(2) possesses a deadly weapon while in a correctional | ||
facility or civil commitment facility. | ||
(e) It is an affirmative defense to prosecution under | ||
Subsection (b), (c), or (d)(1) that the person possessed the | ||
alcoholic beverage, controlled substance, or dangerous drug | ||
pursuant to a prescription issued by a practitioner or while | ||
delivering the beverage, substance, or drug to a warehouse, | ||
pharmacy, or practitioner on property owned, used, or controlled by | ||
the correctional facility or civil commitment facility. It is an | ||
affirmative defense to prosecution under Subsection (d)(2) that the | ||
person possessing the deadly weapon is a peace officer or is an | ||
officer or employee of the correctional facility or civil | ||
commitment facility who is authorized to possess the deadly weapon | ||
while on duty or traveling to or from the person's place of | ||
assignment. | ||
(i) It is an affirmative defense to prosecution under | ||
Subsection (b) that the actor: | ||
(1) is a duly authorized member of the clergy with | ||
rights and privileges granted by an ordaining authority that | ||
includes administration of a religious ritual or ceremony requiring | ||
the presence or consumption of an alcoholic beverage; and | ||
(2) takes four ounces or less of an alcoholic beverage | ||
into a [ |
||
the alcoholic beverage or departs from the facility with any | ||
portion of the beverage not consumed. | ||
SECTION 32. Section 46.035(b), Penal Code, is amended to | ||
read as follows: | ||
(b) A license holder commits an offense if the license | ||
holder intentionally, knowingly, or recklessly carries a handgun | ||
under the authority of Subchapter H, Chapter 411, Government Code, | ||
regardless of whether the handgun is concealed or carried in a | ||
shoulder or belt holster, on or about the license holder's person: | ||
(1) on the premises of a business that has a permit or | ||
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic | ||
Beverage Code, if the business derives 51 percent or more of its | ||
income from the sale or service of alcoholic beverages for | ||
on-premises consumption, as determined by the Texas Alcoholic | ||
Beverage Commission under Section 104.06, Alcoholic Beverage Code; | ||
(2) on the premises where a high school, collegiate, | ||
or professional sporting event or interscholastic event is taking | ||
place, unless the license holder is a participant in the event and a | ||
handgun is used in the event; | ||
(3) on the premises of a correctional facility; | ||
(4) on the premises of a hospital licensed under | ||
Chapter 241, Health and Safety Code, or on the premises of a nursing | ||
facility licensed under Chapter 242, Health and Safety Code, unless | ||
the license holder has written authorization of the hospital or | ||
nursing facility administration, as appropriate; | ||
(5) in an amusement park; [ |
||
(6) on the premises of a church, synagogue, or other | ||
established place of religious worship; or | ||
(7) on the premises of a civil commitment facility. | ||
SECTION 33. Section 25.025(a), Tax Code, is amended to read | ||
as follows: | ||
(a) This section applies only to: | ||
(1) a current or former peace officer as defined by | ||
Article 2.12, Code of Criminal Procedure; | ||
(2) a county jailer as defined by Section 1701.001, | ||
Occupations Code; | ||
(3) an employee of the Texas Department of Criminal | ||
Justice; | ||
(4) a commissioned security officer as defined by | ||
Section 1702.002, Occupations Code; | ||
(5) a victim of family violence as defined by Section | ||
71.004, Family Code, if as a result of the act of family violence | ||
against the victim, the actor is convicted of a felony or a Class A | ||
misdemeanor; | ||
(6) a federal judge, a state judge, or the spouse of a | ||
federal judge or state judge; | ||
(7) a current or former employee of a district | ||
attorney, criminal district attorney, or county or municipal | ||
attorney whose jurisdiction includes any criminal law or child | ||
protective services matters; | ||
(8) an officer or employee of a community supervision | ||
and corrections department established under Chapter 76, | ||
Government Code, who performs a duty described by Section 76.004(b) | ||
of that code; | ||
(9) a criminal investigator of the United States as | ||
described by Article 2.122(a), Code of Criminal Procedure; | ||
(10) a police officer or inspector of the United | ||
States Federal Protective Service; | ||
(11) a current or former United States attorney or | ||
assistant United States attorney and the spouse and child of the | ||
attorney; | ||
(12) a current or former employee of the office of the | ||
attorney general who is or was assigned to a division of that office | ||
the duties of which involve law enforcement; | ||
(13) a medical examiner or person who performs | ||
forensic analysis or testing who is employed by this state or one or | ||
more political subdivisions of this state; | ||
(14) a current or former member of the United States | ||
armed forces who has served in an area that the president of the | ||
United States by executive order designates for purposes of 26 | ||
U.S.C. Section 112 as an area in which armed forces of the United | ||
States are or have engaged in combat; | ||
(15) a current or former employee of the Texas | ||
Juvenile Justice Department or of the predecessors in function of | ||
the department; | ||
(16) a current or former juvenile probation or | ||
supervision officer certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code; [ |
||
(17) a current or former employee of a juvenile | ||
justice program or facility, as those terms are defined by Section | ||
261.405, Family Code; and | ||
(18) a current or former employee of the Texas Civil | ||
Commitment Office or of the predecessor in function of the office or | ||
a division of the office. | ||
SECTION 34. Section 521.101(h), Transportation Code, is | ||
amended to read as follows: | ||
(h) The department shall automatically revoke each personal | ||
identification certificate issued by the department to a person | ||
who: | ||
(1) is subject to the registration requirements of | ||
Chapter 62, Code of Criminal Procedure; and | ||
(2) fails to apply to the department for renewal of the | ||
personal identification certificate as required by Article 62.060 | ||
or 62.2021, Code of Criminal Procedure, as applicable. | ||
SECTION 35. Section 521.103(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A personal identification certificate issued under this | ||
section, including a renewal, duplicate, or corrected certificate, | ||
expires on the first birthday of the certificate holder occurring | ||
after the date of application, except that: | ||
(1) the initial certificate issued under this section | ||
expires on the second birthday of the certificate holder occurring | ||
after the date of application, subject to Subdivision (2); and | ||
(2) a certificate issued under this section to a | ||
person described by Article 62.2021, Code of Criminal Procedure, | ||
expires on the sixth anniversary of the date on which the | ||
certificate was issued. | ||
SECTION 36. Section 521.272(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) Notwithstanding Sections 521.271 and 521.2711, a | ||
driver's license issued under this section, including a renewal, | ||
duplicate, or corrected license, expires: | ||
(1) if the license holder is a citizen, national, or | ||
legal permanent resident of the United States or a refugee or asylee | ||
lawfully admitted into the United States, on the first birthday of | ||
the license holder occurring after the date of application, except | ||
that: | ||
(A) the initial license issued under this section | ||
expires on the second birthday of the license holder occurring | ||
after the date of application, subject to Paragraph (B); and | ||
(B) a license issued under this section to a | ||
person described by Article 62.2021, Code of Criminal Procedure, | ||
expires on the sixth anniversary of the date on which the license | ||
was issued; or | ||
(2) if the applicant is not described by Subdivision | ||
(1), on the earlier of: | ||
(A) the expiration date of the applicant's | ||
authorized stay in the United States; or | ||
(B) as applicable: | ||
(i) the first birthday of the license | ||
holder occurring after the date of application; | ||
(ii) if the license holder holds an initial | ||
license issued under this section, [ |
||
|
||
license holder occurring after the date of application; or | ||
(iii) if the license holder is a person | ||
described by Article 62.2021, Code of Criminal Procedure, the sixth | ||
anniversary of the date on which the license was issued. | ||
SECTION 37. Section 521.348(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A driver's license is automatically revoked if the | ||
holder of the license: | ||
(1) is subject to the registration requirements of | ||
Chapter 62, Code of Criminal Procedure; and | ||
(2) fails to apply to the department for renewal of the | ||
license as required by Article 62.060 or 62.2021, Code of Criminal | ||
Procedure, as applicable. | ||
SECTION 38. Section 521.421(a-1), Transportation Code, is | ||
amended to read as follows: | ||
(a-1) The fee for a personal identification certificate | ||
issued under Section 501.0165, Government Code, or Section 841.153, | ||
Health and Safety Code, is $5. | ||
SECTION 39. Section 522.033(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) Notwithstanding Sections 522.013 and 522.051, a | ||
commercial driver's license issued under this section, including a | ||
renewal, duplicate, or corrected license, expires on the first | ||
birthday of the license holder occurring after the date of | ||
application, except that: | ||
(1) the initial license issued under this section | ||
expires on the second birthday of the license holder occurring | ||
after the date of application, subject to Subdivision (2); and | ||
(2) a license issued under this section to a person | ||
described by Article 62.2021, Code of Criminal Procedure, expires | ||
on the fifth anniversary of the date on which the license was | ||
issued. | ||
SECTION 40. The following provisions are repealed: | ||
(1) Sections 420A.009(b) and (c), Government Code; and | ||
(2) Section 841.141(b), Health and Safety Code. | ||
SECTION 41. Article 17.03, Code of Criminal Procedure, as | ||
amended by this Act, applies only to a personal bond that is | ||
executed on or after the effective date of this Act. A personal | ||
bond executed before the effective date of this Act is governed by | ||
the law in effect when the personal bond was executed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 42. Chapter 62, Code of Criminal Procedure, as | ||
amended by this Act, applies to any person who, on or after the | ||
effective date of this Act, is required to register under that | ||
chapter, regardless of whether the offense or conduct for which the | ||
person is required to register occurs before, on, or after the | ||
effective date of this Act. | ||
SECTION 43. Sections 552.117(a) and 552.1175(a), | ||
Government Code, and Section 25.025(a), Tax Code, as amended by | ||
this Act, apply only to a request for information that is received | ||
by a governmental body or an officer for public information on or | ||
after the effective date of this Act. A request for information | ||
that was received before the effective date of this Act is governed | ||
by the law in effect on the date the request was received, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 44. If a civil commitment requirement imposed under | ||
Chapter 841, Health and Safety Code, before the effective date of | ||
this Act differs from any of the civil commitment requirements | ||
listed in Section 841.082, Health and Safety Code, as amended by | ||
this Act, the applicable court with jurisdiction over the committed | ||
person shall, after notice and hearing by submission, modify the | ||
requirement imposed as applicable to conform to that section. | ||
SECTION 45. Section 841.0834(e), Health and Safety Code, as | ||
added by this Act, applies only to a petition filed on or after the | ||
effective date of this Act. A petition filed before the effective | ||
date of this Act is governed by the law in effect when the petition | ||
was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 46. Sections 22.01, 22.11, 38.11, and 46.035, Penal | ||
Code, as amended by this Act, apply only to an offense committed on | ||
or after the effective date of this Act. 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 47. The members of the board of the Texas Civil | ||
Commitment Office serving on the effective date of this Act may draw | ||
lots or use another method to determine the members who shall serve | ||
terms that expire as provided by Section 420A.002(c), Government | ||
Code, as amended by this Act, in 2019, 2021, or 2023, respectively. | ||
The members of the board appointed to succeed the members serving on | ||
the effective date of this Act shall serve six-year terms. | ||
SECTION 48. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1576 passed the Senate on | ||
April 10, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1576 passed the House on May | ||
4, 2017, by the following vote: Yeas 143, Nays 0, two present not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |