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.