1-1 By: Shapiro, Sims S.B. No. 149
1-2 (In the Senate - Filed December 20, 1994; January 17, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 20, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 20, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 149 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the release of information concerning the treatment of
1-11 a sex offender by a treatment provider, a criminal justice agency,
1-12 or a local law enforcement authority.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 9, Article 42.12, Code of Criminal
1-15 Procedure, is amended by amending Subsection (j) and adding
1-16 Subsections (l) and (m) to read as follows:
1-17 (j) The judge by order may direct that any information and
1-18 records that are not privileged and that are relevant to the report
1-19 required by Subsection (a) of this section be released to the
1-20 officer conducting the presentence investigation under Subsection
1-21 (i) of this section. The judge may also issue a subpoena to obtain
1-22 that information. The report and all information obtained in
1-23 connection with the presentence investigation are confidential and
1-24 may be released only to those persons and under those circumstances
1-25 authorized under Subsections (d), (e), (f), <and> (g), and (l) of
1-26 this section and as directed by the judge for the effective
1-27 supervision of the defendant. Medical and psychiatric records
1-28 obtained by court order shall be kept separate from the defendant's
1-29 community supervision file and may be released only by order of the
1-30 judge.
1-31 (l) If a person is a sex offender, a supervision officer may
1-32 release information in a presentence or postsentence report
1-33 concerning the social and criminal history of the person to a
1-34 person who:
1-35 (1) is licensed or certified in this state to provide
1-36 mental health or medical services, including a:
1-37 (A) physician;
1-38 (B) psychiatrist;
1-39 (C) psychologist;
1-40 (D) licensed professional counselor;
1-41 (E) licensed marriage and family therapist; or
1-42 (F) certified social worker; and
1-43 (2) provides mental health or medical services for the
1-44 rehabilitation of the person.
1-45 (m) In this section, "sex offender" means a person who has
1-46 been convicted or has entered a plea of guilty or nolo contendere
1-47 for an offense under any one of the following provisions of the
1-48 Penal Code:
1-49 (1) Section 20.04(a)(4) (Aggravated Kidnapping), if
1-50 the person committed the offense with the intent to violate or
1-51 abuse the victim sexually;
1-52 (2) Section 21.08 (Indecent Exposure);
1-53 (3) Section 21.11 (Indecency with a Child);
1-54 (4) Section 22.011 (Sexual Assault);
1-55 (5) Section 22.021 (Aggravated Sexual Assault);
1-56 (6) Section 25.02 (Prohibited Sexual Conduct);
1-57 (7) Section 30.02 (Burglary), if:
1-58 (A) the offense is punishable under Subsection
1-59 (d) of that section; and
1-60 (B) the person committed the offense with the
1-61 intent to commit a felony listed in this subsection;
1-62 (8) Section 43.25 (Sexual Performance by a Child); or
1-63 (9) Section 43.26 (Possession or Promotion of Child
1-64 Pornography).
1-65 SECTION 2. Title 71, Revised Statutes, is amended by adding
1-66 Article 4512g-1 to read as follows:
1-67 Art. 4512g-1. SEX OFFENDER INFORMATION EXCHANGE
1-68 Sec. 1. DEFINITIONS. In this article:
2-1 (1) "Administration of criminal justice" has the
2-2 meaning assigned by Article 60.01, Code of Criminal Procedure.
2-3 (2) "Criminal justice agency" has the meaning assigned
2-4 by Article 60.01, Code of Criminal Procedure.
2-5 (3) "Sex offender" has the meaning assigned by Section
2-6 9(m), Article 42.12, Code of Criminal Procedure.
2-7 (4) "Local law enforcement authority" has the meaning
2-8 assigned by Section 1, Article 6252-13c.1, Revised Statutes.
2-9 Sec. 2. RELEASE OF INFORMATION. (a) Notwithstanding
2-10 Chapter 611, Health and Safety Code, or the Medical Practice Act
2-11 (Article 4495b, Vernon's Texas Civil Statutes), a person described
2-12 by Section 4 of this article may release information concerning the
2-13 treatment of a sex offender to:
2-14 (1) a criminal justice agency;
2-15 (2) a local law enforcement authority; or
2-16 (3) any other person described by Section 4 of this
2-17 article.
2-18 (b) A criminal justice agency may release information
2-19 concerning the treatment of a sex offender to:
2-20 (1) another criminal justice agency;
2-21 (2) a local law enforcement authority; or
2-22 (3) a person described by Section 4 of this article.
2-23 (c) A local law enforcement authority may release
2-24 information concerning the treatment of a sex offender to:
2-25 (1) another law enforcement authority;
2-26 (2) a criminal justice agency; or
2-27 (3) a person described by Section 4 of this article.
2-28 Sec. 3. PURPOSE OF RELEASE. A person who is authorized by
2-29 this article to release or obtain information may do so only for
2-30 the administration of criminal justice.
2-31 Sec. 4. RELEASE OF INFORMATION BY PERSONS PROVIDING MENTAL
2-32 HEALTH OR MEDICAL SERVICES. Information concerning the treatment
2-33 of a sex offender may be released by a person who:
2-34 (1) is licensed or certified in this state to provide
2-35 mental health or medical services, including a:
2-36 (A) physician;
2-37 (B) psychiatrist;
2-38 (C) psychologist;
2-39 (D) licensed professional counselor;
2-40 (E) licensed marriage and family therapist; or
2-41 (F) certified social worker; and
2-42 (2) while licensed or certified, provides or provided
2-43 mental health or medical services for the rehabilitation of sex
2-44 offenders.
2-45 Sec. 5. IMMUNITY FROM LIABILITY. A person who releases or
2-46 obtains information as authorized by this article is not liable for
2-47 damages arising from the release of the information.
2-48 SECTION 3. This Act takes effect September 1, 1995.
2-49 SECTION 4. The importance of this legislation and the
2-50 crowded condition of the calendars in both houses create an
2-51 emergency and an imperative public necessity that the
2-52 constitutional rule requiring bills to be read on three several
2-53 days in each house be suspended, and this rule is hereby suspended.
2-54 * * * * *