Bill Text: TX SB1774 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the procedures for and the oversight of the commitment of sexually violent predators.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Criminal Justice [SB1774 Detail]
Download: Texas-2013-SB1774-Introduced.html
83R12362 GCB-F | ||
By: Huffman | S.B. No. 1774 |
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relating to the procedures for and the oversight of the commitment | ||
of sexually violent predators. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 104, Code of Criminal Procedure, is | ||
amended by adding Article 104.005 to read as follows: | ||
Art. 104.005. VIOLENT SEX OFFENDER COMMITMENT COSTS. (a) | ||
The state shall reimburse reasonable costs incurred by a county to | ||
provide legal assistance to an indigent person in a biennial review | ||
conducted by a judge under Section 841.102, Health and Safety Code, | ||
or as necessary in the representation of an indigent person in a | ||
trial under Subchapter D, Chapter 841, Health and Safety Code. | ||
(b) The court shall certify the amount of reimbursement for | ||
expenses under Subsection (a) to the comptroller. The comptroller | ||
shall issue a warrant in that amount to the commissioners court of | ||
the county or, if the comptroller determines that the amount | ||
certified by the court is unreasonable, in an amount that the | ||
comptroller determines to be reasonable. | ||
SECTION 2. 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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SECTION 3. 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; [ |
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(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; and | ||
(10) current or former employees of the Office of | ||
Violent Sex Offender Management or of the predecessor in function | ||
of the office. | ||
SECTION 4. Section 841.002, Health and Safety Code, is | ||
amended by amending Subdivision (7-a) and adding Subdivision (7-b) | ||
to read as follows: | ||
(7-a) "Sex offender specific treatment" means a | ||
treatment based on empirical research with regard to favorable | ||
treatment outcomes that is professionally accepted in the field of | ||
sex offender treatment. | ||
(7-b) "Sexually motivated conduct" means any conduct | ||
involving the intent to arouse or gratify the sexual desire of any | ||
person immediately before, during, or immediately after the | ||
commission of an offense. | ||
SECTION 5. Section 841.005, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 841.005. INDIGENT DEFENSE REPRESENTATION [ |
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represent an indigent person subject to a civil commitment | ||
proceeding under this chapter only at a trial conducted under | ||
Subchapter D and may not represent the person at a biennial review | ||
conducted under Section 841.102 or in any other proceeding under | ||
this chapter. | ||
(b) If for any reason the Office of State Counsel for | ||
Offenders is unable to represent an indigent person described by | ||
Subsection (a) at the trial conducted under Subchapter D [ |
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other counsel to represent the indigent person. | ||
(c) The court shall appoint counsel other than the Office of | ||
State Counsel for Offenders to represent an indigent person in a | ||
biennial review conducted under Section 841.102. | ||
SECTION 6. Section 841.007, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 841.007. DUTIES OF OFFICE OF VIOLENT SEX OFFENDER | ||
MANAGEMENT. (a) The Office of Violent Sex Offender Management is | ||
responsible for providing [ |
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specific treatment and appropriate supervision through the case | ||
management system. | ||
(b) The Office of Violent Sex Offender Management is not | ||
responsible for providing any treatment other than sex offender | ||
specific treatment to a person civilly committed under this | ||
chapter. | ||
SECTION 7. Section 841.144(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A [ |
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under this chapter is entitled to the assistance of counsel at a | ||
trial conducted under Subchapter D and at a biennial review under | ||
Section 841.102. A person's entitlement to the assistance of | ||
counsel at a trial under Subchapter D begins immediately after the | ||
filing of a petition under Section 841.041 [ |
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SECTION 8. On the expiration of the terms of members of the | ||
governing board of the Office of Violent Sex Offender Management | ||
who are serving on the board on the date this Act takes effect, | ||
notwithstanding Section 420A.002(c), Government Code, as amended | ||
by this Act, the governor shall appoint one member to serve a term | ||
that expires February 1, 2015, one member to serve a term that | ||
expires February 1, 2017, and one member to serve a term that | ||
expires February 1, 2019. | ||
SECTION 9. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |