Bill Text: TX SB1576 | 2017-2018 | 85th Legislature | Enrolled

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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.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2017-05-18 - Effective on 9/1/17 [SB1576 Detail]

Download: Texas-2017-SB1576-Enrolled.html

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S.B. No. 1576

AN ACT
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; [or]
(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)
[who is an employee of any correctional facility].
(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) [of this
article], a magistrate may, in the magistrate's discretion, release
the defendant on [his] personal bond without sureties or other
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 [to verify the information in the registration form
maintained by the authority for that person].
(a-1) For purposes of Subsection (a)(2) [this subsection],
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) [(31)] an employer that has a facility that
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) [(1)] an employee of the office; or
(B) [(2)] a contracted service provider with the
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; [or]
(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
[two-year] terms, with the terms of one or two members expiring on[.
Three members' terms expire February 1 of each even-numbered year
and two members' terms expire] February 1 of each odd-numbered
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 [Department of State Health Services].
(b) The Health and Human Services Commission [Department of
State Health Services] shall provide administrative support
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 [Department of State Health Services] and is
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
[department].
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; [or]
(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; [and]
(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 [The] commission
shall remove [the home address of a judge or justice] from the [a
financial] statement, if applicable, the home address of [filed
under this subchapter before]:
(1) a judge or justice [permitting a member of the
public to view the statement]; or
(2) a member of the governing board or executive head
of the Texas Civil Commitment Office [providing a copy of the
statement to a member of the public].
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 [and to any
other appropriate supervision]; and
(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; [and]
(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) [monthly] shall pay to the office:
(A) a monthly [the] amount that the office
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 [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.
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)
[(b-1)(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 [CORRECTIONAL]
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; [or]
(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) [(a)(2)], the actor is
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] correctional facility and personally consumes all of
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; [or]
(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; [and]
(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, [except that the initial license
issued under this section expires on] the second birthday of the
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