S.B. No. 149
AN ACT
1-1 relating to the release of information concerning the treatment of
1-2 a sex offender by a treatment provider, a criminal justice agency,
1-3 or a local law enforcement authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 9, Article 42.12, Code of Criminal
1-6 Procedure, is amended by amending Subsection (j) and adding
1-7 Subsections (l) and (m) to read as follows:
1-8 (j) The judge by order may direct that any information and
1-9 records that are not privileged and that are relevant to the report
1-10 required by Subsection (a) of this section be released to the
1-11 officer conducting the presentence investigation under Subsection
1-12 (i) of this section. The judge may also issue a subpoena to obtain
1-13 that information. The report and all information obtained in
1-14 connection with the presentence investigation are confidential and
1-15 may be released only to those persons and under those circumstances
1-16 authorized under Subsections (d), (e), (f), <and> (g), and (l) of
1-17 this section and as directed by the judge for the effective
1-18 supervision of the defendant. Medical and psychiatric records
1-19 obtained by court order shall be kept separate from the defendant's
1-20 community supervision file and may be released only by order of the
1-21 judge.
1-22 (l) If a person is a sex offender, a supervision officer may
1-23 release information in a presentence or postsentence report
1-24 concerning the social and criminal history of the person to a
2-1 person who:
2-2 (1) is licensed or certified in this state to provide
2-3 mental health or medical services, including a:
2-4 (A) physician;
2-5 (B) psychiatrist;
2-6 (C) psychologist;
2-7 (D) licensed professional counselor;
2-8 (E) licensed marriage and family therapist; or
2-9 (F) certified social worker; and
2-10 (2) provides mental health or medical services for the
2-11 rehabilitation of the person.
2-12 (m) In this section, "sex offender" means a person who has
2-13 been convicted or has entered a plea of guilty or nolo contendere
2-14 for an offense under any one of the following provisions of the
2-15 Penal Code:
2-16 (1) Section 20.04(a)(4) (Aggravated Kidnapping), if
2-17 the person committed the offense with the intent to violate or
2-18 abuse the victim sexually;
2-19 (2) Section 21.08 (Indecent Exposure);
2-20 (3) Section 21.11 (Indecency with a Child);
2-21 (4) Section 22.011 (Sexual Assault);
2-22 (5) Section 22.021 (Aggravated Sexual Assault);
2-23 (6) Section 25.02 (Prohibited Sexual Conduct);
2-24 (7) Section 30.02 (Burglary), if:
2-25 (A) the offense is punishable under Subsection
2-26 (d) of that section; and
2-27 (B) the person committed the offense with the
3-1 intent to commit a felony listed in this subsection;
3-2 (8) Section 43.25 (Sexual Performance by a Child); or
3-3 (9) Section 43.26 (Possession or Promotion of Child
3-4 Pornography).
3-5 SECTION 2. Title 71, Revised Statutes, is amended by adding
3-6 Article 4512g-1 to read as follows:
3-7 Art. 4512g-1. SEX OFFENDER INFORMATION EXCHANGE
3-8 Sec. 1. DEFINITIONS. In this article:
3-9 (1) "Administration of criminal justice" has the
3-10 meaning assigned by Article 60.01, Code of Criminal Procedure.
3-11 (2) "Criminal justice agency" has the meaning assigned
3-12 by Article 60.01, Code of Criminal Procedure.
3-13 (3) "Sex offender" has the meaning assigned by Section
3-14 9(m), Article 42.12, Code of Criminal Procedure.
3-15 (4) "Local law enforcement authority" has the meaning
3-16 assigned by Section 1, Article 6252-13c.1, Revised Statutes.
3-17 Sec. 2. RELEASE OF INFORMATION. (a) Notwithstanding
3-18 Chapter 611, Health and Safety Code, or the Medical Practice Act
3-19 (Article 4495b, Vernon's Texas Civil Statutes), a person described
3-20 by Section 4 of this article may release information concerning the
3-21 treatment of a sex offender to:
3-22 (1) a criminal justice agency;
3-23 (2) a local law enforcement authority; or
3-24 (3) any other person described by Section 4 of this
3-25 article.
3-26 (b) A criminal justice agency may release information
3-27 concerning the treatment of a sex offender to:
4-1 (1) another criminal justice agency;
4-2 (2) a local law enforcement authority; or
4-3 (3) a person described by Section 4 of this article.
4-4 (c) A local law enforcement authority may release
4-5 information concerning the treatment of a sex offender to:
4-6 (1) another law enforcement authority;
4-7 (2) a criminal justice agency; or
4-8 (3) a person described by Section 4 of this article.
4-9 Sec. 3. PURPOSE OF RELEASE. A person who is authorized by
4-10 this article to release or obtain information may do so only for
4-11 the administration of criminal justice.
4-12 Sec. 4. RELEASE OF INFORMATION BY PERSONS PROVIDING MENTAL
4-13 HEALTH OR MEDICAL SERVICES. Information concerning the treatment
4-14 of a sex offender may be released by a person who:
4-15 (1) is licensed or certified in this state to provide
4-16 mental health or medical services, including a:
4-17 (A) physician;
4-18 (B) psychiatrist;
4-19 (C) psychologist;
4-20 (D) licensed professional counselor;
4-21 (E) licensed marriage and family therapist; or
4-22 (F) certified social worker; and
4-23 (2) while licensed or certified, provides or provided
4-24 mental health or medical services for the rehabilitation of sex
4-25 offenders.
4-26 Sec. 5. IMMUNITY FROM LIABILITY. A person who releases or
4-27 obtains information as authorized by this article is not liable for
5-1 damages arising from the release of the information.
5-2 SECTION 3. This Act takes effect September 1, 1995.
5-3 SECTION 4. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.