H.B. No. 637
1-1 AN ACT
1-2 relating to criminal background checks for certain providers of
1-3 treatment to sex offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 462, Acts of the 68th Legislature,
1-6 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
1-7 Statutes), is amended by adding Section 16 to read as follows:
1-8 Sec. 16. CRIMINAL HISTORY BACKGROUND CHECKS. (a) The
1-9 council may receive from a law enforcement agency information about
1-10 the conviction or deferred adjudication of a person who has applied
1-11 for registration or renewal of a registration to provide mental
1-12 health or medical services for the rehabilitation of sex offenders.
1-13 (b) The council shall establish a uniform method of
1-14 obtaining the adjudication information. The uniform method must
1-15 require:
1-16 (1) a complete set of fingerprints, the complete name
1-17 of the person being investigated, or other information necessary to
1-18 conduct a criminal history background check to be submitted to the
1-19 Department of Public Safety or to another law enforcement agency;
1-20 and
1-21 (2) if fingerprints are submitted, the fingerprints
1-22 must be submitted to the Federal Bureau of Investigation for
1-23 further information if a relevant disqualifying record or other
1-24 substantive information is not obtained from a state or local law
2-1 enforcement agency.
2-2 (c) A law enforcement agency shall provide to the council
2-3 information about the conviction or deferred adjudication of a
2-4 person being investigated only if the information is relevant to
2-5 the person's current or proposed registration and was collected in
2-6 accordance with this section. The council is not entitled to
2-7 adjudication information that is not relevant. Adjudication
2-8 information is relevant only if it relates to a conviction or
2-9 deferred adjudication for:
2-10 (1) a sexual offense;
2-11 (2) murder, assault, battery, or any other offense
2-12 involving personal injury or threat to another person; or
2-13 (3) a felony.
2-14 (d) The council may deny registration to an applicant if:
2-15 (1) the council determines that a previous criminal
2-16 conviction or deferred adjudication indicates that the applicant is
2-17 not qualified or suitable; or
2-18 (2) the applicant fails to provide the information
2-19 required by Subsection (b) of this section.
2-20 (e) All adjudication information received by the council is
2-21 privileged information and is for the exclusive use of the council.
2-22 The information may be released or otherwise disclosed to any other
2-23 person or agency only:
2-24 (1) on court order; or
2-25 (2) with the consent of the person being investigated.
2-26 (f) The council shall, by rule, establish a method to
2-27 collect and destroy adjudication information relating to a person
3-1 after the council makes a decision on the eligibility of the person
3-2 for registration. The council must destroy the adjudication
3-3 information not later than one year after the date of the council's
3-4 decision on eligibility.
3-5 (g) A person commits an offense if the person releases or
3-6 discloses in violation of this section adjudication information
3-7 received by the council. An offense under this subsection is a
3-8 Class A misdemeanor.
3-9 SECTION 2. Section 5(c), Article 42.12, Code of Criminal
3-10 Procedure, is amended to read as follows:
3-11 (c) On expiration of a probationary period imposed under
3-12 Subsection (a) of this section, if the court has not proceeded to
3-13 adjudication of guilt, the court shall dismiss the proceedings
3-14 against the defendant and discharge him. The court may dismiss the
3-15 proceedings and discharge the defendant prior to the expiration of
3-16 the term of probation if in its opinion the best interest of
3-17 society and the defendant will be served. A dismissal and
3-18 discharge under this section may not be deemed a conviction for the
3-19 purposes of disqualifications or disabilities imposed by law for
3-20 conviction of an offense, except that:
3-21 (1) upon conviction of a subsequent offense, the fact
3-22 that the defendant had previously received probation shall be
3-23 admissible before the court or jury to be considered on the issue
3-24 of penalty; <and>
3-25 (2) if the defendant is an applicant for a license or
3-26 is a licensee under Chapter 42, Human Resources Code, the Texas
3-27 Department of Human Services may consider the fact that the
4-1 defendant previously has received probation under this section in
4-2 issuing, renewing, denying, or revoking a license under that
4-3 chapter; and
4-4 (3) if the defendant is a person who has applied for
4-5 registration to provide mental health or medical services for the
4-6 rehabilitation of sex offenders, the Interagency Council on Sex
4-7 Offender Treatment may consider the fact that the defendant has
4-8 received probation under this section in issuing, renewing,
4-9 denying, or revoking a license or registration issued by that
4-10 council.
4-11 SECTION 3. This Act takes effect September 1, 1993, and
4-12 applies only to an application for registration that is filed with
4-13 the Interagency Council on Sex Offender Treatment on or after that
4-14 date.
4-15 SECTION 4. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.