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 certain sex offender registration requirements; increasing criminal penalties.

89(R) SB 1610 - Enrolled version - Bill Text

S.B. No. 1610

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 certain sex offender registration

requirements; increasing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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, or for any term of not more than 99

years or less than 25 years.

SECTION 2. 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 3. 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 4. 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 the offense is

committed by an actor who is committed to a civil commitment

facility, against:

(A)

a person the actor knows is an officer or

employee of the Texas Civil Commitment Office:

(i)

while the officer or employee is

lawfully discharging an official duty; 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 the actor knows is contracting 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; 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
.

SECTION 5. 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 6. 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, 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 any other fluid or liquid
;

(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
, or any other fluid or liquid
:

(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
, or any other

fluid or liquid
:

(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
, or any other fluid or liquid,
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 violate

Subsection (a).

SECTION 7. Section 36.06(b)(3), Penal Code, is amended to

read as follows:

(3) "Public servant" has the meaning assigned by

Section 1.07, except that the term also includes
:

(A)
an honorably retired peace officer
; and

(B)

a person who contracts with the state to

perform a service in a civil commitment facility or an employee of

that person
.

SECTION 8. 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 9. Article 14.03(a), Code of Criminal Procedure, is

amended 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
.

SECTION 10. 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 11. 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 12. 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 13. 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 14. 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 shall revoke the defendant's bond and order that the

defendant be immediately returned to custody if the magistrate

finds by a preponderance of the evidence that the violation

occurred.

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 15. 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 16. 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 17. 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 18. 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 19. 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 person younger than 18 years of

age
.

SECTION 20. 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 21. 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 22. 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 23. Section 41.302, Government Code, is amended to

read as follows:

Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.

The special prosecution unit is an independent unit that
:

(1)
cooperates with and supports prosecuting

attorneys in prosecuting offenses and delinquent conduct described

by Article 104.003(a), Code of Criminal Procedure
; and

(2) prosecutes offenses described by Section 41.311
.

SECTION 24. Subchapter E, Chapter 41, Government Code, is

amended by adding Section 41.311 to read as follows:

Sec.

41.311.

PROSECUTION OF CERTAIN OFFENSES. A

prosecuting attorney serving on the unit has the same authority to

represent this state in the prosecution of a criminal offense

committed by a person civilly committed as a sexually violent

predator under Chapter 841, Health and Safety Code, including an

offense under Section 841.085, Health and Safety Code, as is

conferred on a county attorney, district attorney, or criminal

district attorney of a court with jurisdiction of the offense.

SECTION 25. Section 411.1389, Government Code, is amended

by adding Subsection (d) to read as follows:

(d)

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)

is civilly committed as a sexually violent

predator under Chapter 841, Health and Safety Code; or

(2)

was previously civilly committed as a sexually

violent predator under Chapter 841, Health and Safety Code, and

subsequently released by a court order.

SECTION 26. Section 420A.013(a), Government Code, is

amended to read as follows:

(a) The office may adopt and implement policies that

encourage family unity during a civilly committed 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 offender through

ongoing, appropriate contact with the offender while the offender

participates in the treatment and supervision program.

SECTION 27. Section 2155.144, Government Code, is amended

by adding Subsection (b-3) to read as follows:

(b-3)

Notwithstanding any other law, the Texas Civil

Commitment Office is delegated the authority to procure common

commodities or services described by Subsection (b-1)(1) for office

use if the total cost of the purchase is less than the total cost of

the purchase under the comptroller's purchasing authority or as

offered for sale as provided by Chapter 122, Human Resources Code.

The Texas Civil Commitment Office, in collaboration with the

comptroller, shall identify best practices for comparing the total

costs and documenting cost savings.

SECTION 28. 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 29. Section 841.021(d), Health and Safety Code, is

amended to read as follows:

(d) The Texas Department of Criminal Justice may not provide

notice under Subsection (a) of the anticipated release of a person

for whom the department has previously provided notice under this

section and who has been previously recommended for an assessment

under Section 841.022 unless, after the recommendation for

assessment was made:

(1) the person is convicted of a new sexually violent

offense; or

(2) the person's parole or mandatory supervision is

revoked based on:

(A) the commission of a new sexually violent

offense;

(B) failure to adhere to the requirements of sex

offender treatment
or
[
and
] supervision; or

(C) failure to register as a sex offender.

SECTION 30. 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 31. 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 32. 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 33. 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 sex offender, whether indigent or

not, is responsible for the cost of:

(1)

repairs to or replacement of property belonging to

this state, a contractor of this state or the agent of the

contractor, the civil commitment facility, or another civilly

committed sex offender, if the offender intentionally, knowingly,

recklessly, or negligently caused damage to or the loss of the

property; and

(2)

any expenses for medical care provided to the

civilly committed sex offender or any other person, if the offender

intentionally, knowingly, recklessly, or negligently acted in a

manner that caused the injury for which medical care was provided.

(a-2)

A civilly committed sex offender shall pay to the

office, at the office's direction, any amount for which the

offender is responsible under Subsection (a-1), as determined by

the office.

SECTION 34. 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 35. 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. (a)

The

attorney general shall defend any person described by Section

841.147(a)(4) in an action if:

(1)

the office requests that the attorney general

defend the person; and

(2)

the action arises from a service performed under

this chapter at the request of the office.

(b)

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 court shall award to the person court costs and

attorney's fees incurred in the action if the person is found immune

under that section and the person is not represented by the attorney

general.

(b)

In an action against a person described by Section

841.147(a)(4) who is represented by the attorney general, the court

shall award to the attorney general court costs and attorney's fees

incurred in the action if the person is found immune under that

section.

SECTION 36. 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 37. The changes in law made by this Act in amending

Sections 12.42, 21.08, 22.01, 22.012, 22.02, 22.11, and 36.06,

Penal Code, and in amending Article 42.08, Code of Criminal

Procedure, 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 38. 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 39. 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 40. As soon as practicable after the effective date

of this Act, the Department of Public Safety of the State of Texas

shall input information in the computerized criminal history system

as required by Article 66.102(j), Code of Criminal Procedure, as

added by this Act, for any person who was civilly committed under

Chapter 841, Health and Safety Code, before the effective date of

this Act.

SECTION 41. (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 42. 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 43. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 1610 passed the Senate on

April 7, 2025, by the following vote: Yeas 29, Nays 1;

May 29, 2025, Senate refused to concur in House amendments and

requested appointment of Conference Committee; May 30, 2025, House

granted request of the Senate; June 1, 2025, Senate adopted

Conference Committee Report by the following vote: Yeas 30,

Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1610 passed the House, with

amendments, on May 28, 2025, by the following vote: Yeas 99,

Nays 30, one present not voting; May 30, 2025, House granted

request of the Senate for appointment of Conference Committee;

June 1, 2025, House adopted Conference Committee Report by the

following vote: Yeas 121, Nays 16, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor