By Shapiro S.B. No. 149
74R2654 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the release of information concerning the treatment of
1-3 a sex offender by a treatment provider or a criminal justice
1-4 agency.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 9, Article 42.12, Code of Criminal
1-7 Procedure, is amended by amending Subsection (j) and adding
1-8 Subsections (l) and (m) to read as follows:
1-9 (j) The judge by order may direct that any information and
1-10 records that are not privileged and that are relevant to the report
1-11 required by Subsection (a) of this section be released to the
1-12 officer conducting the presentence investigation under Subsection
1-13 (i) of this section. The judge may also issue a subpoena to obtain
1-14 that information. The report and all information obtained in
1-15 connection with the presentence investigation are confidential and
1-16 may be released only to those persons and under those circumstances
1-17 authorized under Subsections (d), (e), (f), <and> (g), and (l) of
1-18 this section and as directed by the judge for the effective
1-19 supervision of the defendant. Medical and psychiatric records
1-20 obtained by court order shall be kept separate from the defendant's
1-21 community supervision file and may be released only by order of the
1-22 judge.
1-23 (l) If a person is a sex offender, a supervision officer may
1-24 release information in a presentence or postsentence report
2-1 concerning the social and criminal history of the person to a
2-2 person who:
2-3 (1) is licensed or certified in this state to provide
2-4 mental health or medical services, including a:
2-5 (A) physician;
2-6 (B) psychiatrist;
2-7 (C) psychologist;
2-8 (D) licensed professional counselor;
2-9 (E) licensed marriage and family therapist; or
2-10 (F) certified social worker; and
2-11 (2) provides mental health or medical services for the
2-12 rehabilitation of the person.
2-13 (m) In this section, "sex offender" means a person who has
2-14 been convicted or has entered a plea of guilty or nolo contendere
2-15 for an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02,
2-16 43.25, or 43.26, Penal Code.
2-17 SECTION 2. Title 71, Revised Statutes, is amended by adding
2-18 Article 4512g-1 to read as follows:
2-19 Art. 4512g-1. SEX OFFENDER INFORMATION EXCHANGE
2-20 Sec. 1. DEFINITIONS. In this article:
2-21 (1) "Administration of criminal justice" has the
2-22 meaning assigned by Article 60.01, Code of Criminal Procedure.
2-23 (2) "Criminal justice agency" has the meaning assigned
2-24 by Article 60.01, Code of Criminal Procedure.
2-25 (3) "Sex offender" has the meaning assigned by Section
2-26 9(m), Article 42.12, Code of Criminal Procedure.
2-27 (4) "Local law enforcement authority" has the meaning
3-1 assigned by Section 1, Article 6252-13c.1, Revised Statutes.
3-2 Sec. 2. RELEASE OF INFORMATION. Notwithstanding Chapter
3-3 611, Health and Safety Code, or the Medical Practice Act (Article
3-4 4495b, Vernon's Texas Civil Statutes), a person described by
3-5 Section 4 of this article may release information concerning the
3-6 treatment of a sex offender to:
3-7 (1) a criminal justice agency;
3-8 (2) a local law enforcement authority; or
3-9 (3) any other person described by Section 4 of this
3-10 article.
3-11 Sec. 3. PURPOSE OF RELEASE. A person who is authorized by
3-12 this article to release or obtain information may do so only for
3-13 the administration of criminal justice.
3-14 Sec. 4. PERSONS AUTHORIZED TO RELEASE INFORMATION.
3-15 Information concerning the treatment of a sex offender may be
3-16 released by a person who:
3-17 (1) is licensed or certified in this state to provide
3-18 mental health or medical services, including a:
3-19 (A) physician;
3-20 (B) psychiatrist;
3-21 (C) psychologist;
3-22 (D) licensed professional counselor;
3-23 (E) licensed marriage and family therapist; or
3-24 (F) certified social worker; and
3-25 (2) while licensed or certified, provides or provided
3-26 mental health or medical services for the rehabilitation of sex
3-27 offenders.
4-1 Sec. 5. IMMUNITY FROM LIABILITY. A person who releases or
4-2 obtains information as authorized by this article is not liable for
4-3 damages arising from the release of the information.
4-4 SECTION 3. This Act takes effect September 1, 1995.
4-5 SECTION 4. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.