Summary of the Introduced Bill

HB 774 -- Sexually Violent Predators

Sponsor:  Hosmer

This bill modifies the court procedures relative to determining
whether a person is a sexually violent predator for psychiatric
treatment and detainment or commitment purposes.  In its main
provisions, the bill:

(1)  Clarifies the definition of "predatory" to ensure that
predatory acts against all individuals are included;

(2)  Lessens the judicial burden upon the filing of any petition
alleging that a person is a sexually violent predator.  The
judge is only required to determine if probable cause exists to
believe that the individual may meet the definition of a
predator, as opposed to the current burden of probable cause
that the person is a predator;

(3)  Allows the Attorney General to appeal any judge's refusal
to find any person to be a sexually violent predator and allows
the person to be held during the appeal;

(4)  Allows either party to request independent psychiatric
evaluations following the court's determination that a person is
a predator and allows the evaluator in the cases to determine
who may or may not be present at the evaluation; and

(5)  Requires courts to be open when a judicial determination of
a sexually violent predator is being made, except in child
victim cases.


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Last Updated September 13, 2001 at 2:03 pm