The text as introduced · 11,129 words
89R4524 EAS-D
By: Perry, Flores
S.B. No. 1610
A BILL TO BE ENTITLED
AN ACT
relating to sexually violent predators, to the Texas Civil
Commitment Office, and to the prosecution of the offense of
harassment by sexually violent predators and other persons confined
in certain facilities; amending and harmonizing certain statute of
limitations provisions; amending certain sex offender registration
requirements; changing the eligibility for community supervision,
parole, and mandatory supervision for sexually violent predators;
creating a criminal offense; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.03, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) Notwithstanding any other law, if the accused is found
guilty in a single criminal action of more than one offense arising
from the same criminal episode or if a plea agreement is reached in
a case in which the accused was charged with more than one offense
arising out of the same criminal episode, the sentences shall run
consecutively if the accused was civilly committed as a sexually
violent predator under Chapter 841, Health and Safety Code, at the
time that any of the offenses were committed, regardless of whether
the accused is convicted of or charged with violations of the same
section more than once or is convicted of or charged with violations
of more than one section.
SECTION 2. Section 3.04, Penal Code, is amended by amending
Subsection (b) and adding Subsection (b-1) to read as follows:
(b) Except as provided by Subsection (b-1), in [ In ] the
event of severance under this section, the provisions of Section
3.03 do not apply, and the court in its discretion may order the
sentences to run either concurrently or consecutively.
(b-1) In the event of severance under this section, the
provisions of Section 3.03(f) apply, and the court shall order the
sentences to run consecutively as provided by that subsection.
SECTION 3. Section 12.42, Penal Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) Except as provided by Subsection (c)(2) , [ or ] (c)(4), or
(e), if it is shown on the trial of a felony offense other than a
state jail felony punishable under Section 12.35(a) that the
defendant has previously been finally convicted of two felony
offenses, and the second previous felony conviction is for an
offense that occurred subsequent to the first previous conviction
having become final, on conviction the defendant shall be punished
by imprisonment in the Texas Department of Criminal Justice for
life, or for any term of not more than 99 years or less than 25
years. A previous conviction for a state jail felony punishable
under Section 12.35(a) may not be used for enhancement purposes
under this subsection.
(e) Notwithstanding Subsection (c) or (d), if it is shown on
the trial of a felony offense other than a state jail felony
punishable under Section 12.35(a) that the defendant was civilly
committed as a sexually violent predator under Chapter 841, Health
and Safety Code, at the time of the offense, on conviction the
defendant shall be punished by imprisonment in the Texas Department
of Criminal Justice for life.
SECTION 4. Section 21.08(b), Penal Code, as amended by
Chapters 351 (S.B. 1179) and 822 (H.B. 1730), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if it is shown on the trial
of the offense that the defendant has been previously convicted one
time of an offense under this section; [ and ]
(2) a state jail felony if it is shown on the trial of
the offense that the defendant has been previously convicted two or
more times of an offense under this section ; or
(3) a felony of the third degree if the actor is
civilly committed as a sexually violent predator under Chapter 841,
Health and Safety Code.
SECTION 5. Section 22.01, Penal Code, is amended by adding
Subsection (d-1) to read as follows:
(d-1) The actor is presumed to have known the person
assaulted was a person described by Subsection (b-1)(2)(A) or (B),
as applicable, if the person was wearing a distinctive uniform or
badge indicating the person's status as an officer or employee of
the Texas Civil Commitment Office or a contractor or employee of a
contractor performing a service in a civil commitment facility.
SECTION 6. Section 22.012(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if it is shown on the trial of
the offense that:
(A) the defendant has been previously convicted
of an offense under this section, other than an offense punishable
under Paragraph (B); or
(B) the defendant is a health care services
provider or a mental health services provider and the act is:
(i) committed during the course of
providing a treatment or service to the victim; and
(ii) beyond the scope of generally accepted
practices for the treatment or service; [ or ]
(2) a felony of the third degree if it is shown on the
trial of the offense that the defendant has been previously
convicted of an offense under this section that is punishable under
Subdivision (1)(B) ; or
(3) a felony of the third degree if it is shown on the
trial of the offense that the defendant was civilly committed as a
sexually violent predator under Chapter 841, Health and Safety
Code, at the time of the offense .
SECTION 7. Section 22.02, Penal Code, is amended by
amending Subsection (b) and adding Subsection (c-1) to read as
follows:
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the
commission of the assault and causes:
(A) serious bodily injury to a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code; or
(B) a traumatic brain or spine injury to another
that results in a persistent vegetative state or irreversible
paralysis;
(2) regardless of whether the offense is committed
under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the
servant's office or employment;
(B) against a person the actor knows is a public
servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of
official power or performance of an official duty as a public
servant;
(C) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime;
(D) against a person the actor knows is a process
server while the person is performing a duty as a process server;
[ or ]
(E) against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer; or
(F) by an actor who is committed to a civil
commitment facility, against:
(i) a person the actor knows is an officer
or employee of the Texas Civil Commitment Office:
(a) while the officer or employee is
lawfully discharging an official duty; or
(b) in retaliation for or on account
of an exercise of official power or performance of an official duty
by the officer or employee; or
(ii) a person the actor knows is
contracting with the state to perform a service in a civil
commitment facility or an employee of that person:
(a) while the person or employee is
engaged in performing a service within the scope of the contract; or
(b) in retaliation for or on account
of the person's or employee's performance of a service within the
scope of the contract;
(3) the actor is in a motor vehicle, as defined by
Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the
direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation,
building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious
bodily injury to any person; or
(4) the actor commits the assault as part of a mass
shooting.
(c-1) The actor is presumed to have known the person
assaulted was a person described by Subsection (b)(2)(F)(i) or
(ii), as applicable, if the person was wearing a distinctive
uniform or badge indicating the person's status as an officer or
employee of the Texas Civil Commitment Office or a contractor or
employee of a contractor performing a service in a civil commitment
facility.
SECTION 8. Section 22.07, Penal Code, is amended by
amending Subsections (c) and (c-1) and adding Subsection (f-1) to
read as follows:
(c) An offense under Subsection (a)(2) is a Class B
misdemeanor, except that the offense is :
(1) a Class A misdemeanor if the offense:
(A) [ (1) ] is committed against a member of the
person's family or household or otherwise constitutes family
violence; or
(B) [ (2) ] is committed against a public servant ;
or
(2) a felony of the third degree if the offense is
committed:
(A) by an actor who is committed to a civil
commitment facility; and
(B) against:
(i) a person the actor knows is an officer
or employee of the Texas Civil Commitment Office:
(a) while the officer or employee is
lawfully discharging an official duty; or
(b) in retaliation for or on account
of an exercise of official power or performance of an official duty
by the officer or employee; or
(ii) a person the actor knows is
contracting with the state to perform a service in a civil
commitment facility or an employee of that person:
(a) while the person or employee is
engaged in performing a service within the scope of the contract; or
(b) in retaliation for or on account
of the person's or employee's performance of a service within the
scope of the contract .
(c-1) Notwithstanding Subsection (c)(1)(B) [ (c)(2) ], an
offense under Subsection (a)(2) is a state jail felony if the
offense is committed against a person the actor knows is a peace
officer or judge.
(f-1) For purposes of Subsection (c)(2), the actor is
presumed to have known the person threatened was a person described
by Subsection (c)(2)(B)(i) or (ii), as applicable, if the person
was wearing a distinctive uniform or badge indicating the person's
status as an officer or employee of the Texas Civil Commitment
Office or a contractor or employee of a contractor performing a
service in a civil commitment facility.
SECTION 9. Section 22.11, Penal Code, is amended by
amending Subsection (a) and adding Subsections (f) and (g) to read
as follows:
(a) A person commits an offense if, with the intent to
assault, harass, annoy, [ or ] alarm, abuse, torment, or embarrass
the person:
(1) while imprisoned or confined in a correctional or
detention facility :
(A) [ , ] 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
(B) disperses, sprays, spits, smears, or throws a
substance described by Paragraph (A) in a correctional or detention
facility in a manner that could cause:
(i) another person to contact the
substance; or
(ii) an officer or employee of the
correctional or detention facility to clean up the substance ;
(2) while committed to a civil commitment facility[ ,
causes ]:
(A) causes 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) disperses, sprays, spits, smears, or throws a
substance described by Paragraph (A) in a civil commitment facility
in a manner that could cause an officer or employee of the Texas
Civil Commitment Office to contact the substance or clean up the
substance:
(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;
(C) causes 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
(D) disperses, sprays, spits, smears, or throws a
substance described by Paragraph (A) in a civil commitment facility
in a manner that could cause a person who contracts with the state
to perform a service in the facility or an employee of that person
to contact the substance or clean up the substance:
(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.
(f) For purposes of Subsection (a)(2), the actor is presumed
to have known the person was an officer or employee of the Texas
Civil Commitment Office or a person who contracts with the state to
perform a service in a civil commitment facility or an employee of
that person, as applicable, if the person was wearing a distinctive
uniform or badge indicating the person's status as an officer or
employee of the Texas Civil Commitment Office or a contractor or
employee of a contractor performing a service in a civil commitment
facility.
(g) It is not a defense to prosecution under Subsection (a)
that the actor warned any person that the actor intended to
recklessly violate Subsection (a).
SECTION 10. Section 38.11, Penal Code, is amended by
amending Subsection (a) and adding Subsection (l) 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 residing in a 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 residing in a 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 ; or
(6) a cigarette, e-cigarette, nicotine product, or
tobacco product to a person residing in a civil commitment
facility .
(l) A person commits an offense if the person, while
residing in a civil commitment facility:
(1) possesses a cigarette, e-cigarette, nicotine
product, or tobacco product; or
(2) manufactures an alcoholic beverage.
SECTION 11. Section 38.11(f), Penal Code, is amended by
adding Subdivisions (7) and (8) to read as follows:
(7) "E-cigarette" has the meaning assigned by Section
161.081, Health and Safety Code.
(8) "Nicotine product" means a product that contains
nicotine from any source, regardless of whether the product is a
tobacco product.
SECTION 12. The heading to Section 38.115, Penal Code, is
amended to read as follows:
Sec. 38.115. OPERATION OF UNMANNED AIRCRAFT OVER
CORRECTIONAL FACILITY , [ OR ] DETENTION FACILITY , OR CIVIL
COMMITMENT FACILITY .
SECTION 13. Section 38.115(a)(1), Penal Code, is amended to
read as follows:
(1) "Contraband" means any item not provided by or
authorized by the operator of a correctional facility , [ or ]
detention facility , or civil commitment facility .
SECTION 14. Sections 38.115(b), (c), and (d), Penal Code,
are amended to read as follows:
(b) A person commits an offense if the person intentionally
or knowingly:
(1) operates an unmanned aircraft over a correctional
facility , [ or ] detention facility , or civil commitment facility and
the unmanned aircraft is not higher than 400 feet above ground
level;
(2) allows an unmanned aircraft to make contact with a
correctional facility , [ or ] detention facility , or civil
commitment facility , including any person or object on the premises
of or within the facility; or
(3) allows an unmanned aircraft to come within a
distance of a correctional facility , [ or ] detention facility , or
civil commitment facility that is close enough to interfere with
the operations of or cause a disturbance to the facility.
(c) This section does not apply to conduct described by
Subsection (b) that is committed by:
(1) the federal government, this state, or a
governmental entity;
(2) a person under contract with or otherwise acting
under the direction or on behalf of the federal government, this
state, or a governmental entity;
(3) a person who has the prior written consent of the
owner or operator of the correctional facility , [ or ] detention
facility , or civil commitment facility ;
(4) a law enforcement agency; or
(5) a person under contract with or otherwise acting
under the direction or on behalf of a law enforcement agency.
(d) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted under this section; or
(2) a state jail felony if, during the commission of
the offense, the actor used the unmanned aircraft to:
(A) provide contraband to a person in the custody
of the correctional facility , [ or ] detention facility , or civil
commitment facility ; or
(B) otherwise introduce contraband into the
correctional facility , [ or ] detention facility , or civil
commitment facility .
SECTION 15. Article 12.01, Code of Criminal Procedure, as
amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
2023, is reenacted and amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Articles
12.015 and 12.03, felony indictments may be presented within these
limits, and not afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sex offense
against five or more victims;
(D) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of a
collision under Section 550.021, Transportation Code, if the
collision resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code;
(I) compelling prostitution under Section
43.05(a)(2) or (3), Penal Code; [ or ]
(J) tampering with physical evidence under
Section 37.09(a)(1) or (d)(1), Penal Code, if:
(i) the evidence tampered with is a human
corpse, as defined by that section; or
(ii) the investigation of the offense shows
that a reasonable person in the position of the defendant at the
time of the commission of the offense would have cause to believe
that the evidence tampered with is related to a criminal homicide
under Chapter 19, Penal Code;
(K) [ (J) ] interference with child custody under
Section 25.03(a)(3), Penal Code;
(L) [ (J) ] burglary under Section 30.02, Penal
Code, if:
(i) the offense is punishable under
Subsection (d) of that section because the defendant entered a
habitation with the intent to commit an offense under Section
22.011 or 22.021, Penal Code; and
(ii) during the investigation of the
offense biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(M) any felony offense if, at the time the
offense is committed, the person was civilly committed as a
sexually violent predator under Chapter 841, Health and Safety
Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which the public servant exercises control in the
public servant's official capacity;
(C) forgery or the uttering, using, or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) or (9) [ (8) ];
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) fraudulent securing of document execution;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) health care fraud under Section 35A.02, Penal
Code;
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (7); or
(K) possession or promotion of child pornography
under Section 43.26, Penal Code;
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping;
(C) [ (B-1) ] except as provided by Subdivision
(1) or (5), burglary;
(D) [ (C) ] injury to an elderly or disabled
individual that is not punishable as a felony of the first degree
under Section 22.04, Penal Code;
(E) [ (D) ] abandoning or endangering an [ a
child, ] elderly [ individual, ] or disabled individual;
(F) [ (E) ] insurance fraud;
(G) [ (F) ] assault under Section 22.01, Penal
Code, if the assault was 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;
(H) [ (G) ] continuous violence against the family
under Section 25.11, Penal Code; or
(I) [ (H) ] aggravated assault under Section
22.02, Penal Code;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) kidnapping under Section 20.03, Penal Code,
or aggravated kidnapping under Section 20.04, Penal Code; or
(B) subject to Subdivision (1)(L) [ (1)(J) ],
burglary under Section 30.02, Penal Code, if the offense is
punishable under Subsection (d) of that section because the
defendant entered a habitation with the intent to commit an offense
described by Subdivision (1)(B) or (D) of this article or Paragraph
(A) of this subdivision;
(6) 20 years from the 18th birthday of the victim of
one of the following offenses:
(A) trafficking of a child [ persons ] under
Section 20A.02(a)(5) or (6), Penal Code; or
(B) sexual performance by a child under Section
43.25, Penal Code;
(7) ten years from the 18th birthday of the victim of
the offense:
(A) injury to a child under Section 22.04, Penal
Code;
(B) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed; or
(C) [ (D) ] abandoning or endangering a child;
(8) [ (7) ] ten years from the date the offense was
discovered: trafficking of a disabled individual under Section
20A.02(a)(5) or (6), Penal Code;
(9) [ (8) ] two years from the date the offense was
discovered: sexual assault punishable as a state jail felony under
Section 22.011(f)(2), Penal Code; or
(10) [ (9) ] three years from the date of the commission
of the offense: all other felonies.
SECTION 16. Article 13A.554, Code of Criminal Procedure, is
amended to read as follows:
Art. 13A.554. FELONY OFFENSE COMMITTED BY CIVILLY COMMITTED
[ FAILURE TO COMPLY WITH ] SEXUALLY VIOLENT PREDATOR [ CIVIL
COMMITMENT REQUIREMENT ]. A felony [ An ] offense committed by a
person civilly committed under Chapter 841 [ Section 841.085 ],
Health and Safety Code, may be prosecuted in:
(1) any county in which an element of the offense
occurs; or
(2) the court that retains jurisdiction over the civil
commitment proceeding under Section 841.082, Health and Safety
Code.
SECTION 17. Article 14.03, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (b-1) to
read as follows:
(a) Any peace officer may arrest, without warrant:
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been
guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
breach of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause
to believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause
to believe have committed an offense defined by Section 25.07,
Penal Code, if the offense is not committed in the presence of the
peace officer;
(4) persons who the peace officer has probable cause
to believe have committed an offense involving family violence;
(5) persons who the peace officer has probable cause
to believe have prevented or interfered with an individual's
ability to place a telephone call in an emergency, as defined by
Section 42.062(d), Penal Code, if the offense is not committed in
the presence of the peace officer; [ or ]
(6) a person who makes a statement to the peace officer
that would be admissible against the person under Article 38.21 and
establishes probable cause to believe that the person has committed
a felony ; or
(7) a person who the peace officer has probable cause
to believe has committed a felony offense while civilly committed
as a sexually violent predator under Chapter 841, Health and Safety
Code .
(b-1) A peace officer shall arrest, without a warrant, a
person the peace officer has probable cause to believe has
committed a felony offense if:
(1) the person is civilly committed as a sexually
violent predator under Chapter 841, Health and Safety Code; and
(2) the offense is committed in the presence of the
peace officer or captured on a visual recording device.
SECTION 18. Article 14.06(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Except as otherwise provided by this article, in each
case enumerated in this Code, the person making the arrest or the
person having custody of the person arrested shall take the person
arrested or have him taken without unnecessary delay, but not later
than 48 hours after the person is arrested, before the magistrate
who may have ordered the arrest, before some magistrate of the
county where the arrest was made without an order, or, to provide
more expeditiously to the person arrested the warnings described by
Article 15.17 [ of this Code ], before a magistrate in any other
county of this state. The magistrate shall immediately perform the
duties described in Article 15.17 in any manner permitted by that
article [ of this Code ].
SECTION 19. Articles 15.17(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) In each case enumerated in this Code, the person making
the arrest or the person having custody of the person arrested shall
without unnecessary delay, but not later than 48 hours after the
person is arrested, take the person arrested or have him taken
before some magistrate of the county where the accused was arrested
or, to provide more expeditiously to the person arrested the
warnings described by this article, before a magistrate in any
other county of this state. The arrested person may be taken before
the magistrate in person or the image of the arrested person may be
presented to the magistrate by means of a videoconference. If the
arrested person is civilly committed as a sexually violent predator
under Chapter 841, Health and Safety Code, and residing at a civil
commitment facility as defined by Section 1.07, Penal Code, the
magistrate may also choose to perform the duties of this article at
the civil commitment facility. The magistrate shall inform in
clear language the person arrested, either in person or through a
videoconference, of the accusation against him and of any affidavit
filed therewith, of his right to retain counsel, of his right to
remain silent, of his right to have an attorney present during any
interview with peace officers or attorneys representing the state,
of his right to terminate the interview at any time, and of his
right to have an examining trial. The magistrate shall also inform
the person arrested of the person's right to request the
appointment of counsel if the person cannot afford counsel. The
magistrate shall inform the person arrested of the procedures for
requesting appointment of counsel. If applicable, the magistrate
shall inform the person that the person may file the affidavit
described by Article 17.028(f). If the person does not speak and
understand the English language or is deaf, the magistrate shall
inform the person in a manner consistent with Articles 38.30 and
38.31, as appropriate. The magistrate shall ensure that reasonable
assistance in completing the necessary forms for requesting
appointment of counsel is provided to the person at the same time.
If the person arrested is indigent and requests appointment of
counsel and if the magistrate is authorized under Article 26.04 to
appoint counsel for indigent defendants in the county, the
magistrate shall appoint counsel in accordance with Article 1.051.
If the magistrate is not authorized to appoint counsel, the
magistrate shall without unnecessary delay, but not later than 24
hours after the person arrested requests appointment of counsel,
transmit, or cause to be transmitted to the court or to the courts'
designee authorized under Article 26.04 to appoint counsel in the
county, the forms requesting the appointment of counsel. The
magistrate shall also inform the person arrested that he is not
required to make a statement and that any statement made by him may
be used against him. The magistrate shall allow the person arrested
reasonable time and opportunity to consult counsel and shall, after
determining whether the person is currently on bail for a separate
criminal offense and whether the bail decision is subject to
Article 17.027, admit the person arrested to bail if allowed by law.
A record of the communication between the arrested person and the
magistrate shall be made. The record shall be preserved until the
earlier of the following dates: (1) the date on which the pretrial
hearing ends; or (2) the 91st day after the date on which the record
is made if the person is charged with a misdemeanor or the 120th day
after the date on which the record is made if the person is charged
with a felony. For purposes of this subsection, "videoconference"
means a two-way electronic communication of image and sound between
the arrested person and the magistrate and includes secure Internet
videoconferencing.
(b) After an accused charged with a misdemeanor punishable
by fine only is taken before a magistrate under Subsection (a) and
the magistrate has identified the accused with certainty, the
magistrate may release the accused without bond and order the
accused to appear at a later date for arraignment in the applicable
justice court or municipal court. The order must state in writing
the time, date, and place of the arraignment, and the magistrate
must sign the order. The accused shall receive a copy of the order
on release. If an accused fails to appear as required by the order,
the judge of the court in which the accused is required to appear
shall issue a warrant for the arrest of the accused. If the accused
is arrested and brought before the judge, the judge may admit the
accused to bail, and in admitting the accused to bail, the judge
should set as the amount of bail an amount double that generally set
for the offense for which the accused was arrested. This subsection
does not apply to an accused who :
(1) has previously been convicted of a felony or a
misdemeanor other than a misdemeanor punishable by fine only ; or
(2) is civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code, at the time of
the offense .
SECTION 20. Article 17.091, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
Before a judge or magistrate reduces the amount of bail set for a
defendant charged with an offense listed in Article 42A.054 or an
offense described by Article 62.001(5), or any felony offense
committed while the defendant is civilly committed as a sexually
violent predator under Chapter 841, Health and Safety Code, the
judge or magistrate shall provide:
(1) to the attorney representing the state, reasonable
notice of the proposed bail reduction; and
(2) on request of the attorney representing the state
or the defendant or the defendant's counsel, an opportunity for a
hearing concerning the proposed bail reduction.
SECTION 21. Section 2, Article 17.151, Code of Criminal
Procedure, is amended to read as follows:
Sec. 2. The provisions of this article do not apply to a
defendant who is:
(1) serving a sentence of imprisonment for another
offense while the defendant is serving that sentence;
(2) being detained pending trial of another accusation
against the defendant as to which the applicable period has not yet
elapsed;
(3) incompetent to stand trial, during the period of
the defendant's incompetence; [ or ]
(4) being detained for a violation of the conditions
of a previous release related to the safety of a victim of the
alleged offense or to the safety of the community under this
article ; or
(5) civilly committed as a sexually violent predator
under Chapter 841, Health and Safety Code .
SECTION 22. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.411 to read as follows:
Art. 17.411. CONDITIONS FOR CIVILLY COMMITTED SEXUALLY
VIOLENT PREDATORS. (a) In this article, "civil commitment
facility" has the meaning assigned by Section 1.07, Penal Code.
(b) This article applies only to a defendant who was civilly
committed as a sexually violent predator under Chapter 841, Health
and Safety Code, at the time of the alleged offense.
(c) A magistrate may impose any reasonable condition of bond
related to the safety of a victim of the alleged offense, to the
safety of the community, or to the safety of staff, contractors, or
volunteers at a civil commitment facility.
(d) A magistrate shall impose as a condition of bond that
the defendant:
(1) not commit a new offense while released on bond;
and
(2) comply with the defendant's civil commitment order
for purposes of ensuring a safe environment at the civil commitment
facility.
(e) At a hearing limited to determining whether the
defendant violated a condition of bond imposed under this article,
the magistrate may revoke the defendant's bond only if the
magistrate finds by a preponderance of the evidence that the
violation occurred. If the magistrate finds that the violation
occurred, the magistrate shall revoke the defendant's bond and
order that the defendant be immediately returned to custody. Once
the defendant is placed in custody, the revocation of the
defendant's bond discharges the sureties on the bond, if any, from
any future liability on the bond. A discharge under this subsection
from any future liability on the bond does not discharge any surety
from liability for previous forfeitures on the bond.
SECTION 23. Article 42.08, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) When the same defendant has been convicted in two or
more cases, judgment and sentence shall be pronounced in each case
in the same manner as if there had been but one conviction. Except
as provided by Subsections (b) , [ and ] (c), and (d), in the
discretion of the court, the judgment in the second and subsequent
convictions may either be that the sentence imposed or suspended
shall begin when the judgment and the sentence imposed or suspended
in the preceding conviction has ceased to operate, or that the
sentence imposed or suspended shall run concurrently with the other
case or cases, and sentence and execution shall be accordingly;
provided, however, that the cumulative total of suspended sentences
in felony cases shall not exceed 10 years, and the cumulative total
of suspended sentences in misdemeanor cases shall not exceed the
maximum period of confinement in jail applicable to the misdemeanor
offenses, though in no event more than three years, including
extensions of periods of community supervision under Article
42A.752(a)(2), if none of the offenses are offenses under Chapter
49, Penal Code, or four years, including extensions, if any of the
offenses are offenses under Chapter 49, Penal Code.
(d) If a defendant has been convicted in two or more cases
and was civilly committed as a sexually violent predator under
Chapter 841, Health and Safety Code, at the time that any of the
offenses were committed, the court shall order the sentences for
those offenses to run consecutively.
SECTION 24. Subchapter B, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.060 to read as follows:
Art. 42A.060. PLACEMENT ON COMMUNITY SUPERVISION
PROHIBITED FOR CERTAIN OFFENSES INVOLVING SEXUALLY VIOLENT
PREDATORS. Notwithstanding any other provision of this chapter, a
defendant is not eligible for community supervision, including
deferred adjudication community supervision, under this chapter if
the defendant is charged with or convicted of a felony offense and
at the time of the offense was civilly committed as a sexually
violent predator under Chapter 841, Health and Safety Code.
SECTION 25. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or disabled individual), 21.09
(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
sexual conduct), Penal Code;
(B) a violation of Section 43.04 (Aggravated
promotion of prostitution), 43.05 (Compelling prostitution), 43.25
(Sexual performance by a child), or 43.26 (Possession or promotion
of child pornography), Penal Code;
(B-1) a violation of Section 43.021
(Solicitation of Prostitution), Penal Code, if the offense is
punishable as a felony of the second degree;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; [ or ]
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code ; or
(M) a violation of any law of this state for which
the person has been civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code .
SECTION 26. Article 62.008, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.008. GENERAL IMMUNITY. The following persons are
immune from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, the Texas Juvenile Justice Department, the
Department of Public Safety, the Board of Pardons and Paroles, the
Texas Civil Commitment Office, or a local law enforcement
authority;
(2) an employee or officer of a community supervision
and corrections department or a juvenile probation department;
(3) a member of the judiciary; and
(4) a member of the risk assessment review committee
established under Article 62.007.
SECTION 27. Article 62.058, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) This subsection applies to a [ A ] person subject to
registration under this chapter who has for a sexually violent
offense been convicted two or more times, received an order of
deferred adjudication two or more times, or been convicted and
received an order of deferred adjudication and to a person who has
been civilly committed as a sexually violent predator under Chapter
841, Health and Safety Code, and is not required to reside in a
civil commitment center. A person to whom this subsection applies
shall report to the local law enforcement authority designated as
the person's primary registration authority by the department not
less than once in each 90-day period following the date the person
first registered under this chapter to verify the information in
the registration form maintained by the authority for that person.
[ A person subject to registration under this chapter who is not
subject to the 90-day reporting requirement described by this
subsection shall report to the local law enforcement authority
designated as the person's primary registration authority by the
department once each year not earlier than the 30th day before and
not later than the 30th day after the anniversary of the person's
date of birth to verify the information in the registration form
maintained by the authority for that person. ] For purposes of this
subsection, a person complies with a requirement that the person
register within a 90-day period following a date if the person
registers at any time on or after the 83rd day following that date
but before the 98th day after that date.
(a-1) A person subject to registration under this chapter
who is not subject to the 90-day reporting requirement described by
this article shall report to the local law enforcement authority
designated as the person's primary registration authority by the
department once each year not earlier than the 30th day before and
not later than the 30th day after the anniversary of the person's
date of birth to verify the information in the registration form
maintained by the authority for that person.
SECTION 28. Article 62.063(a), Code of Criminal Procedure,
is amended by adding Subdivision (3) to read as follows:
(3) "Child" means a person younger than 18 years of
age.
SECTION 29. Article 62.063(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A person subject to registration under this chapter
because of a reportable conviction or adjudication for which an
affirmative finding is entered under Article 42.015(b) or
42A.105(a), as appropriate, or a person civilly committed as a
sexually violent predator under Chapter 841, Health and Safety
Code, may not, for compensation:
(1) operate or offer to operate a bus;
(2) provide or offer to provide a passenger taxicab or
limousine transportation service;
(3) provide or offer to provide any type of service in
the residence of another person unless the provision of service
will be supervised; [ or ]
(4) operate or offer to operate any amusement ride ;
(5) provide or offer to provide a service at a
SAFE-ready facility, as defined by Section 323.001, Health and
Safety Code, or another facility that provides forensic medical
examinations to sexual assault survivors in accordance with Chapter
323, Health and Safety Code;
(6) provide or offer to provide a service at a sexual
assault program, as defined by Section 420.003, Government Code;
(7) provide or offer to provide a service at a family
violence center, as defined by Section 51.002, Human Resources
Code;
(8) provide or offer to provide a service at any public
or private primary or secondary school; or
(9) provide or offer to provide any coaching,
tutoring, or mentoring service to a child .
SECTION 30. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.066 to read as follows:
Art. 62.066. REQUIRED SEX OFFENDER TREATMENT FOR CERTAIN
PERSONS. A person subject to registration under this chapter and
civilly committed as a sexually violent predator under Chapter 841,
Health and Safety Code, who is required to participate in sex
offender treatment shall attend and participate in the treatment.
SECTION 31. Articles 62.101(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as provided by Subsection (b) and Subchapter I,
the duty to register for a person ends when the person dies if the
person has a reportable conviction or adjudication, other than an
adjudication of delinquent conduct, for:
(1) a sexually violent offense;
(2) an offense under Section 20A.02(a)(3), (4), (7),
or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;
(3) an offense under Section 20A.03, Penal Code, if
based partly or wholly on conduct that constitutes an offense under
Section 20A.02(a)(3), (4), (7), or (8) of that code;
(4) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter;
(5) an offense under Section 20.02, 20.03, or 20.04,
Penal Code, if:
(A) the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
and
(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter; [ or ]
(6) an offense under Section 43.23, Penal Code, that
is punishable under Subsection (h) of that section ; or
(7) an offense for which the person has been civilly
committed as a sexually violent predator under Chapter 841, Health
and Safety Code .
(b) Except as provided by Subchapter I, the duty to register
for a person otherwise subject to Subsection (a) ends on the 10th
anniversary of the date on which the person is released from civil
commitment as a sexually violent predator under Chapter 841, Health
and Safety Code, the date on which the person is released from a
penal institution or discharges community supervision , or the date
on which the court dismisses the criminal proceedings against the
person and discharges the person, whichever date is later, if the
person's duty to register is based on a conviction or an order of
deferred adjudication in a cause that was transferred to a district
court or criminal district court under Section 54.02, Family Code.
SECTION 32. Article 66.102, Code of Criminal Procedure, is
amended by adding Subsection (j) to read as follows:
(j) In addition to the information described by this
article, information in the computerized criminal history system
must include any civil commitment order issued under Chapter 841,
Health and Safety Code.
SECTION 33. Section 14A.056, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 14A.056. CONDUCT OF PROCEEDINGS [ HEARING ]. (a) In
this section, "remote proceeding" means a proceeding in which one
or more of the participants, including a judge, civilly committed
individual, party, attorney, witness, court reporter, or other
individual, attends the proceeding remotely through the use of
technology and the Internet, including through video
communications technology.
(b) The court may , without the consent of the civilly
committed individual or of the parties, hold a proceeding [ hearing ]
under this chapter at a facility operated by or under contract with
the office or [ may ] conduct a remote proceeding using [ the hearing
with video communications ] technology that permits the court to see
and hear the civilly committed individual and that permits the
individual to see and hear the court and any other witness.
(c) [ (b) ] A remote proceeding [ hearing ] conducted under
this section [ by video communications technology ] shall be recorded
on videotape or by other electronic means. The recording is
sufficient to serve as a permanent record of the proceeding
[ hearing ].
SECTION 34. Section 420A.002(b), Government Code, is
amended to read as follows:
(b) The office is governed by a board composed of five
members appointed by the governor, including:
(1) one member experienced in the management of
civilly committed persons [ sex offenders ];
(2) one member experienced in the investigation or
prosecution of sex offenses; and
(3) one member experienced in counseling or advocating
on behalf of victims of sexual assault.
SECTION 35. Section 420A.010, Government Code, is amended
to read as follows:
Sec. 420A.010. POWERS AND DUTIES. The office shall perform
appropriate functions related to the sex offender civil commitment
program provided under Chapter 841, Health and Safety Code,
including functions related to the provision of treatment and
supervision to civilly committed persons [ sex offenders ].
SECTION 36. Sections 420A.012(a) and (c), Government Code,
are amended to read as follows:
(a) The office may designate an employee to serve as a
family liaison officer. The family liaison officer may, as the
office determines appropriate:
(1) facilitate the continuation and maintenance of
ties between a civilly committed person [ sex offender ] and the
person's [ offender's ] family members who are supportive of the
person's [ offender's ] participation in the treatment and
supervision program;
(2) notify a civilly committed person [ an offender ]
regarding emergencies concerning the person's [ offender's ] family
and provide the person [ offender ] with other necessary information
related to the person's [ offender's ] family; and
(3) assist in resolving problems that may affect
permitted contact with a civilly committed person [ an offender ].
(c) This section does not:
(1) require the office to designate a family liaison
officer; or
(2) guarantee to a civilly committed person [ sex
offender ] or family member of the person [ an offender ] any
additional right or privilege that is not already required by state
or federal law.
SECTION 37. Sections 420A.013(a) and (b), Government Code,
are amended to read as follows:
(a) The office may adopt and implement policies that
encourage family unity during a civilly committed person's [ sex
offender's ] commitment. In adopting the policies, the office may
consider the impact of a telephone, mail, and [ in-person ]
visitation policy on a family member's ability to provide support
to the person [ offender ] through ongoing, appropriate contact with
the person [ offender ] while the person [ offender ] participates in
the treatment and supervision program.
(b) This section does not guarantee to a civilly committed
person [ sex offender ] or family member of the person [ an offender ]
any additional right or privilege that is not already required by
state or federal law.
SECTION 38. Section 508.145(a), Government Code, is amended
to read as follows:
(a) An inmate is not eligible for release on parole if the
inmate is under sentence of death, serving a sentence of life
imprisonment without parole, or serving a sentence for any of the
following offenses [ under the Penal Code ]:
(1) Section 20A.03 , Penal Code , if the offense is
based partly or wholly on conduct constituting an offense under
Section 20A.02(a)(5), (6), (7), or (8) of that code ;
(2) Section 21.02 , Penal Code ;
(3) Section 22.021 , Penal Code , if the offense is
punishable under Subsection (f) of that section; [ or ]
(4) Section 51.03 or 51.04 , Penal Code; or
(5) any felony offense if the inmate was civilly
committed as a sexually violent predator under Chapter 841, Health
and Safety Code, at the time of the offense .
SECTION 39. Section 508.149, Government Code, is amended by
adding Subsection (a-2) to read as follows:
(a-2) An inmate serving a sentence for a felony offense
committed while the inmate was civilly committed as a sexually
violent predator under Chapter 841, Health and Safety Code, may not
be released to mandatory supervision.
SECTION 40. Section 2155.144(b-1), Government Code, is
amended to read as follows:
(b-1) An agency to which this section applies , other than
the Texas Civil Commitment Office, is not delegated the authority
to procure common commodities or services:
(1) including goods and services acquired for direct
consumption or use by the agency in the day-to-day support of the
agency's administrative operations, such as office supplies and
equipment, building maintenance and cleaning services, or
temporary employment services; and
(2) not including consulting services, professional
services, health care services, information resources technology,
goods or services acquired for the benefit or on behalf of clients
of programs operated by the agency, procurements specifically
authorized or delegated to the agency by statute, or the
contracting out of agency purchasing functions or other
administrative or program functions.
SECTION 41. Section 841.003(b), Health and Safety Code, is
amended to read as follows:
(b) A person is a repeat sexually violent offender for the
purposes of this chapter if the person is convicted of more than one
sexually violent offense and a sentence is imposed for at least one
of the offenses , or if the person is convicted of an offense under
Section 21.02, Penal Code, and a sentence is imposed for the
offense, or if:
(1) the person:
(A) is convicted of a sexually violent offense,
regardless of whether the sentence for the offense was ever imposed
or whether the sentence was probated and the person was
subsequently discharged from community supervision;
(B) enters a plea of guilty or nolo contendere
for a sexually violent offense in return for a grant of deferred
adjudication; or
(C) is adjudicated by a juvenile court as having
engaged in delinquent conduct constituting a sexually violent
offense and is committed to the Texas Juvenile Justice Department
under Section 54.04(d)(3) or (m), Family Code; and
(2) after the date on which under Subdivision (1) the
person is convicted, receives a grant of deferred adjudication, or
is adjudicated by a juvenile court as having engaged in delinquent
conduct, the person commits a sexually violent offense for which
the person is convicted, but only if the sentence for the offense is
imposed.
SECTION 42. Section 841.022, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) Records of the multidisciplinary team are confidential
and not subject to disclosure under Chapter 552, Government Code.
SECTION 43. Section 841.083(d), Health and Safety Code, is
amended to read as follows:
(d) The office shall enter into appropriate contracts for
the provision of any necessary supervised housing and other related
services and may enter into appropriate contracts for medical and
mental health services and sex offender treatment. The term of a
contract under this subsection may not exceed 10 years. The
contract may provide for an unlimited number of renewals each for an
additional term not to exceed 10 years. This subsection prevails to
the extent of a conflict between this subsection and any other law.
SECTION 44. Section 841.0835, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The committing court shall order the payment of
reasonable compensation to persons performing a duty or providing a
service under this section. The compensation paid shall be assessed
as court costs. The Health and Human Services Commission shall pay
all court costs associated with this subsection.
SECTION 45. Section 841.084, Health and Safety Code, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) A civilly committed person, whether indigent or not,
is responsible for the cost of:
(1) repairs to or replacement of property belonging to
this state, the civil commitment facility, or another civilly
committed person, if the person intentionally, knowingly,
recklessly, or negligently caused damage to or the loss of the
property; and
(2) any expenses for medical care provided to the
committed person or any other person, if the committed person
intentionally, knowingly, recklessly, or negligently acted in a
manner that caused the injury for which medical care was provided.
(a-2) A civilly committed person shall pay to the office, at
the office's direction, any amount for which the person is
responsible under Subsection (a-1), as determined by the office.
SECTION 46. Section 841.147, Health and Safety Code, is
amended to read as follows:
Sec. 841.147. IMMUNITY. (a) The following persons are
immune from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice or the office;
(2) a member of the multidisciplinary team established
under Section 841.022;
(3) the applicable attorney representing the state and
an employee of the attorney; and
(4) a person providing, or contracting, appointed, or
volunteering to perform, a [ tracking service or another ] service
under this chapter , at the request of the office .
(b) A court shall immediately dismiss any action asserting a
claim against a person described by Subsection (a) that arose from
the person's good faith conduct.
(c) This section does not affect a defense, immunity, or
jurisdictional bar available to a person described by Subsection
(a).
SECTION 47. Subchapter H, Chapter 841, Health and Safety
Code, is amended by adding Sections 841.148 and 841.149 to read as
follows:
Sec. 841.148. ATTORNEY GENERAL REPRESENTATION. The office
may request, on behalf of any person described by Section
841.147(a)(4), the assistance of the attorney general on any legal
matter associated with a service performed under this chapter at
the request of the office. The office or the person is not
responsible for and may not pay any costs associated with the
assistance.
Sec. 841.149. RECOVERY OF COURT COSTS AND ATTORNEY'S FEES.
(a) In an action against a person described by Section
841.147(a)(4), the person is entitled to recover court costs and
attorney's fees incurred in the action from the claimant if the
person is found immune under that section.
(b) A person may recover court costs and attorney's fees
under Subsection (a) regardless of whether the person requests the
assistance of the attorney general under Section 841.148.
SECTION 48. Sections 14A.001(1) and 14A.054(f), Civil
Practice and Remedies Code, as added by Chapter 203 (S.B. 1180),
Acts of the 88th Legislature, Regular Session, 2023, are repealed.
SECTION 49. The changes in law made by this Act in amending
Sections 3.03, 3.04, 12.42, 21.08, 22.01, 22.012, 22.02, 22.07,
22.11, 38.11, and 38.115, Penal Code, in amending Article 42.08,
Code of Criminal Procedure, in adding Article 42A.060, Code of
Criminal Procedure, and in amending Sections 508.145 and 508.149,
Government Code, 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 was committed before that date.
SECTION 50. The change in law made by this Act to Article
12.01, Code of Criminal Procedure, does not apply to an offense if
the prosecution of that offense becomes barred by limitation before
the effective date of this Act. The prosecution of that offense
remains barred as if this Act had not taken effect.
SECTION 51. The changes in law made by this Act to Articles
14.03, 14.06, and 15.17, Code of Criminal Procedure, and to Chapter
17, Code of Criminal Procedure, apply only to a person who is
arrested on or after the effective date of this Act. A person
arrested before the effective date of this Act is governed by the
law in effect on the date the person was arrested, and the former
law is continued in effect for that purpose.
SECTION 52. The changes in law made by this Act to Chapter
62, Code of Criminal Procedure, apply 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 53. (a) Except as otherwise provided by this
section, the changes in law made by this Act to Chapter 841, Health
and Safety Code, apply to a civil commitment proceeding under that
chapter that is initiated on or after the effective date of this
Act, regardless of when the applicable petition for civil
commitment was filed.
(b) Section 841.147, Health and Safety Code, as amended by
this Act, and Sections 841.148 and 841.149, Health and Safety Code,
as added by this Act, apply only to an action filed on or after the
effective date of this Act. An action filed before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 54. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 55. This Act takes effect September 1, 2025.
Monitoring 
