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.