1-1 By: Hernandez (Senate Sponsor - Turner) H.B. No. 637
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 18, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 18, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to criminal background checks for certain providers of
1-18 treatment to sex offenders.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Chapter 462, Acts of the 68th Legislature,
1-21 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
1-22 Statutes), is amended by adding Section 16 to read as follows:
1-23 Sec. 16. CRIMINAL HISTORY BACKGROUND CHECKS. (a) The
1-24 council may receive from a law enforcement agency information about
1-25 the conviction or deferred adjudication of a person who has applied
1-26 for registration or renewal of a registration to provide mental
1-27 health or medical services for the rehabilitation of sex offenders.
1-28 (b) The council shall establish a uniform method of
1-29 obtaining the adjudication information. The uniform method must
1-30 require:
1-31 (1) a complete set of fingerprints, the complete name
1-32 of the person being investigated, or other information necessary to
1-33 conduct a criminal history background check to be submitted to the
1-34 Department of Public Safety or to another law enforcement agency;
1-35 and
1-36 (2) if fingerprints are submitted, the fingerprints
1-37 must be submitted to the Federal Bureau of Investigation for
1-38 further information if a relevant disqualifying record or other
1-39 substantive information is not obtained from a state or local law
1-40 enforcement agency.
1-41 (c) A law enforcement agency shall provide to the council
1-42 information about the conviction or deferred adjudication of a
1-43 person being investigated only if the information is relevant to
1-44 the person's current or proposed registration and was collected in
1-45 accordance with this section. The council is not entitled to
1-46 adjudication information that is not relevant. Adjudication
1-47 information is relevant only if it relates to a conviction or
1-48 deferred adjudication for:
1-49 (1) a sexual offense;
1-50 (2) murder, assault, battery, or any other offense
1-51 involving personal injury or threat to another person; or
1-52 (3) a felony.
1-53 (d) The council may deny registration to an applicant if:
1-54 (1) the council determines that a previous criminal
1-55 conviction or deferred adjudication indicates that the applicant is
1-56 not qualified or suitable; or
1-57 (2) the applicant fails to provide the information
1-58 required by Subsection (b) of this section.
1-59 (e) All adjudication information received by the council is
1-60 privileged information and is for the exclusive use of the council.
1-61 The information may be released or otherwise disclosed to any other
1-62 person or agency only:
1-63 (1) on court order; or
1-64 (2) with the consent of the person being investigated.
1-65 (f) The council shall, by rule, establish a method to
1-66 collect and destroy adjudication information relating to a person
1-67 after the council makes a decision on the eligibility of the person
1-68 for registration. The council must destroy the adjudication
2-1 information not later than one year after the date of the council's
2-2 decision on eligibility.
2-3 (g) A person commits an offense if the person releases or
2-4 discloses in violation of this section adjudication information
2-5 received by the council. An offense under this subsection is a
2-6 Class A misdemeanor.
2-7 SECTION 2. Section 5(c), Article 42.12, Code of Criminal
2-8 Procedure, is amended to read as follows:
2-9 (c) On expiration of a probationary period imposed under
2-10 Subsection (a) of this section, if the court has not proceeded to
2-11 adjudication of guilt, the court shall dismiss the proceedings
2-12 against the defendant and discharge him. The court may dismiss the
2-13 proceedings and discharge the defendant prior to the expiration of
2-14 the term of probation if in its opinion the best interest of
2-15 society and the defendant will be served. A dismissal and
2-16 discharge under this section may not be deemed a conviction for the
2-17 purposes of disqualifications or disabilities imposed by law for
2-18 conviction of an offense, except that:
2-19 (1) upon conviction of a subsequent offense, the fact
2-20 that the defendant had previously received probation shall be
2-21 admissible before the court or jury to be considered on the issue
2-22 of penalty; <and>
2-23 (2) if the defendant is an applicant for a license or
2-24 is a licensee under Chapter 42, Human Resources Code, the Texas
2-25 Department of Human Services may consider the fact that the
2-26 defendant previously has received probation under this section in
2-27 issuing, renewing, denying, or revoking a license under that
2-28 chapter; and
2-29 (3) if the defendant is a person who has applied for
2-30 registration to provide mental health or medical services for the
2-31 rehabilitation of sex offenders, the Interagency Council on Sex
2-32 Offender Treatment may consider the fact that the defendant has
2-33 received probation under this section in issuing, renewing,
2-34 denying, or revoking a license or registration issued by that
2-35 council.
2-36 SECTION 3. This Act takes effect September 1, 1993, and
2-37 applies only to an application for registration that is filed with
2-38 the Interagency Council on Sex Offender Treatment on or after that
2-39 date.
2-40 SECTION 4. The importance of this legislation and the
2-41 crowded condition of the calendars in both houses create an
2-42 emergency and an imperative public necessity that the
2-43 constitutional rule requiring bills to be read on three several
2-44 days in each house be suspended, and this rule is hereby suspended.
2-45 * * * * *
2-46 Austin,
2-47 Texas
2-48 May 18, 1993
2-49 Hon. Bob Bullock
2-50 President of the Senate
2-51 Sir:
2-52 We, your Committee on Criminal Justice to which was referred H.B.
2-53 No. 637, have had the same under consideration, and I am instructed
2-54 to report it back to the Senate with the recommendation that it do
2-55 pass and be printed.
2-56 Whitmire,
2-57 Chairman
2-58 * * * * *
2-59 WITNESSES
2-60 FOR AGAINST ON
2-61 ___________________________________________________________________
2-62 Name: Eliza May x
2-63 Representing: Interagency Coal. of Sex Offen
2-64 City: Austin
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