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2009 SESSION

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HB 1843 Civil commitment of sexually violent predators; changes including access to sealed records, etc.

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

SUMMARY AS PASSED:

Civil commitment of sexually violent predators; penalties. Makes a number of changes, including requiring that the court records for certain sexual misdemeanors be retained for 50 years rather than 10 years; allowing access to records of juvenile court and the Department of Juvenile Justice; addressing challenges to filing defects, including defendants under the Commitment Review Committee; allowing access to sealed records; extending from 60 to 90 days the time for a probable cause hearing and allowing the respondent to waive his right to such hearing; setting a standard for the court to find probable cause; and extending from 90 to 120 the number of days after the probable cause hearing for conduct of the trial.

SUMMARY AS PASSED HOUSE:

Civil commitment of sexually violent predators; penalties.  Makes a number of changes, including requiring that the court records for certain sexual misdemeanors be retained for 50 years rather than 10 years; allowing access to juvenile court and records of the Department of Juvenile Justice; addressing challenges to filing defects, including defendants under the Commitment Review Committee; removing the requirement that victims of certain crimes must have suffered physical bodily injury in order for certain prisoners to be referred to Commitment Review Committee; allowing access to sealed records; extending from 60 to 90 days the time for a probable cause hearing and allowing the respondent to waive his right to such hearing; setting a standard for the court to find probable cause; allowing hearings to be conducted using two-way electronic video and audio communications systems and telephonic communication for witnesses; and extending from 90 to 120 the number of days after the probable cause hearing for conduct of the trial.

SUMMARY AS INTRODUCED:

Civil commitment of sexually violent predators; penalties.  Makes a number of changes, including requiring that the court records for certain sexual misdemeanors be retained for 100 years rather than 10 years; allowing access to juvenile court and records of the Department of Juvenile Justice; addressing challenges to filing defects, including defendants under the Commitment Review Committee; removing the requirement that victims of certain crimes must have suffered physical bodily injury in order for certain prisoners to be referred to Commitment Review Committee; allowing access to sealed records; extending from 60 to 90 days the time for a probable cause hearing and allowing the respondent to waive his right to such hearing; setting a standard for the court to find probable cause; allowing hearings to be conducted using two-way electronic video and audio communications systems and telephonic communication for witnesses; and extending from 90 to 120 the number of days after the probable cause hearing for conduct of the trial.