By: Hernandez H.B. No. 637
73R3270 CAG-D
A BILL TO BE ENTITLED
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 to provide mental health or medical services for
1-12 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) either a complete set of fingerprints or the
1-17 complete name of the person being investigated to be submitted to
1-18 the Department of Public Safety or to another law enforcement
1-19 agency; and
1-20 (2) if fingerprints are submitted, the fingerprints
1-21 must be submitted to the Federal Bureau of Investigation for
1-22 further information if a relevant disqualifying record or other
1-23 substantive information is not obtained from a state or local law
1-24 enforcement agency.
2-1 (c) A law enforcement agency shall provide to the council
2-2 information about the conviction or deferred adjudication of a
2-3 person being investigated only if the information is relevant to
2-4 the person's current or proposed registration and was collected in
2-5 accordance with this section. The council is not entitled to
2-6 adjudication information that is not relevant. Adjudication
2-7 information is relevant only if it relates to a conviction or
2-8 deferred adjudication for:
2-9 (1) a sexual offense;
2-10 (2) a drug-related offense;
2-11 (3) theft;
2-12 (4) murder, assault, battery, or any other offense
2-13 involving personal injury or threat to another person; or
2-14 (5) a felony.
2-15 (d) The council may deny registration to an applicant if:
2-16 (1) the council determines that a previous criminal
2-17 conviction or deferred adjudication indicates that the applicant is
2-18 not qualified or suitable; or
2-19 (2) the applicant fails to provide a complete set of
2-20 fingerprints if the council establishes that method of obtaining
2-21 conviction information.
2-22 (e) All adjudication information received by the council is
2-23 privileged information and is for the exclusive use of the council.
2-24 The information may be released or otherwise disclosed to any other
2-25 person or agency only:
2-26 (1) on court order; or
2-27 (2) with the consent of the person being investigated.
3-1 (f) The council shall collect and destroy adjudication
3-2 information relating to a person immediately after the council
3-3 makes a decision on the eligibility of the person for registration.
3-4 (g) A person commits an offense if the person releases or
3-5 discloses in violation of this section adjudication information
3-6 received by the council. An offense under this subsection is a
3-7 felony of the second degree.
3-8 SECTION 2. Section 5(c), Article 42.12, Code of Criminal
3-9 Procedure, is amended to read as follows:
3-10 (c) On expiration of a probationary period imposed under
3-11 Subsection (a) of this section, if the court has not proceeded to
3-12 adjudication of guilt, the court shall dismiss the proceedings
3-13 against the defendant and discharge him. The court may dismiss the
3-14 proceedings and discharge the defendant prior to the expiration of
3-15 the term of probation if in its opinion the best interest of
3-16 society and the defendant will be served. A dismissal and
3-17 discharge under this section may not be deemed a conviction for the
3-18 purposes of disqualifications or disabilities imposed by law for
3-19 conviction of an offense, except that:
3-20 (1) upon conviction of a subsequent offense, the fact
3-21 that the defendant had previously received probation shall be
3-22 admissible before the court or jury to be considered on the issue
3-23 of penalty; <and>
3-24 (2) if the defendant is an applicant for a license or
3-25 is a licensee under Chapter 42, Human Resources Code, the Texas
3-26 Department of Human Services may consider the fact that the
3-27 defendant previously has received probation under this section in
4-1 issuing, renewing, denying, or revoking a license under that
4-2 chapter; and
4-3 (3) if the defendant is a person who has applied for
4-4 registration to provide mental health or medical services for the
4-5 rehabilitation of sex offenders, the Interagency Council on Sex
4-6 Offender Treatment may consider the fact that the defendant has
4-7 received probation under this section in issuing, renewing,
4-8 denying, or revoking a license or registration issued by that
4-9 council.
4-10 SECTION 3. This Act takes effect September 1, 1993, and
4-11 applies only to an application for registration that is filed with
4-12 the Interagency Council on Sex Offender Treatment on or after that
4-13 date.
4-14 SECTION 4. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.