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2007 SESSION

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HB 2671 Sexually violent predators; civil commitment.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Sexually violent predators; civil commitment. Adds the following as sexually violent offenses which qualify a prisoner or incompetent defendant to be evaluated for civil commitment: capital murder in the commission of, or subsequent to a rape or attempted rape, sodomy or forcible sodomy or object sexual penetration, capital murder in the commission of an abduction committed with intent to defile the victim, and first and second degree murder when the killing was in the commission of, or attempt to commit rape, forcible sodomy, or object sexual penetration. The bill also provides that certain provisions regarding the identification, and assessment for filing a petition for commitment are procedural and not substantive or jurisdictional, and that absent gross negligence or willful misconduct it shall be presumed that there has been substantial compliance with the provisions. Allows the CRC 120 instead of 90 days after receiving the name of an individual eligible to be evaluated for civil commitment to complete its assessment and submit its recommendation to the Attorney General and revises the CRC's criteria for assessment and provides that a quorum is four members rather than five members. The bill grants access to a variety of records to the Department of Mental Health, the CRC, and the Department of Corrections and provides that the existence of prior convictions or charges may be shown with affidavits or documentary evidence at the probable cause hearing.


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