BILL ANALYSIS



S.B. 149
By: Shapiro (Greenberg)
May 3, 1995
Committee Report (Unamended)


BACKGROUND

Currently, because of nonspecific law in which open exchange of
information may lead to criminal and civil suit, law enforcement
agencies, criminal justice and treatment professionals who work
with sex offenders do not share information regarding those
offenders.  

PURPOSE

As proposed, C.S.S.B. 149 authorizes certain persons to release or
obtain information about the treatment of a sex offender.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 9, Article 42.12, Code of Criminal
Procedure, by amending Subsection (j) and adding Subsections (l)
and (m), as follows:

     (j)  Adds Subsection (l) to the list of circumstances that
     authorize the release of confidential information.
     
     (l)  Authorizes a supervision officer to release information
     in a presentence or postsentence report to certain persons
     concerning the social and criminal history of a sex offender.
     
     (m)  Defines "sex offender."
     
SECTION 2.  Amends Title 71, V.T.C.S., by adding Article 4512g-1,
as follows:

      Art. 4512g-1.  SEX OFFENDER INFORMATION EXCHANGE
     
     Sec. 1.  DEFINITIONS.  Defines "administration of criminal
     justice," "criminal justice agency," "sex offender," and
     "local law enforcement authority."
     
     Sec. 2.  RELEASE OF INFORMATION.  (a)  Authorizes a person
     described by Section 4 of this article to release information
     concerning the treatment of a sex offender to certain
     agencies.
     
     (b)  Authorizes a criminal justice agency to release
       information concerning the treatment of a sex offender to
       another criminal justice agency, a local law enforcement
       agency, or a person described by Section 4 of this article.
       
       (c)  Authorizes a local law enforcement agency to release
       information concerning the treatment of a sex offender to
       certain other agencies.
     Sec. 3.  PURPOSE OF RELEASE.  Authorizes a person who is
     authorized to release or obtain information to do so only for
     the administration of criminal justice.
     
     Sec. 4.  RELEASE OF INFORMATION BY  PERSONS PROVIDING MENTAL
     HEALTH OR MEDICAL SERVICES.  Sets forth the list of persons
     authorized to release information concerning the treatment of
     a sex offender.
     
     Sec. 5.  IMMUNITY FROM LIABILITY.  Grants a person who
     releases or obtains information as authorized by this article
     immunity from liability for damages arising from the release
     of the information.
     
SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 149 was considered by the full committee in a public hearing
on May 3, 1995.  SB 149 was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars, by a record vote
of 6 ayes, 0 nays, 0 pnv, and 3 absent.